This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Detailed explanation of general damages and special damages in public liability claims in England and Wales, covering what each type of compensation covers, how they are calculated, what evidence is required and practical guidance for claimants and solicitors.
When someone is injured in a public liability incident in England and Wales - for example after a slip, trip or fall on another's property - any successful compensation claim typically includes two main components: general damages and special damages. These legal concepts reflect different types of loss caused by the injury. This article explains what general and special damages are, how they are calculated, what evidence is needed, and practical considerations for public liability claimants and their solicitors.
What Are General Damages?
General damages are intended to compensate the claimant for non‑financial losses arising from the injury. These losses are often subjective and vary significantly between individuals.
What General Damages Cover
General damages typically include compensation for:
- Pain and suffering caused by the injury;
- Loss of amenity - reduced ability to enjoy life, hobbies or daily activities;
- Physical impairment or disability resulting from the accident;
- Psychological harm, such as anxiety, depression or emotional distress directly related to the injury.
These losses do not have a specific invoice or receipt to prove them; instead, assessors look at how the injury has affected the claimant's life.
How General Damages Are Calculated
In England and Wales, general damages are usually guided by the Judicial College Guidelines (JCG), a reference used by solicitors, insurers and courts to estimate appropriate award ranges for different injury types. The JCG groups injuries by severity - for example, “moderate”, “serious” or “severe” - and provides indicative compensation bands for each. These ranges are not guarantees; the actual award depends on:
- The nature and severity of the injury;
- The claimant's recovery trajectory;
- The impact on everyday activities and quality of life;
- Any permanent effects or long‑term complications.
Medical evidence, often from independent experts, supports the valuation by explaining the injury, prognosis and functional limitations.
What Are Special Damages?
Special damages compensate for financial losses and expenses that can be directly attributed to the injury. They are objective and quantifiable, meaning claimants must provide evidence showing that the losses arose because of the accident.
What Special Damages Cover
Examples of special damages include:
- Loss of earnings - wages lost because the claimant could not work during recovery;
- Medical and treatment costs - private treatment fees, prescription costs, physiotherapy or rehabilitation expenses;
- Travel costs - expenses for attending medical appointments or therapy;
- Care costs - payments for help at home due to injury‑related incapacity;
- Property damage or replacement costs where items were damaged as a direct consequence of the accident.
Special damages can include past and future projected losses, provided there is credible evidence or expert assessment of the likely future costs.
How Special Damages Are Calculated
To claim special damages, the claimant (or their solicitor) typically needs:
- Receipts and invoices for expenses already paid;
- Payslips or employment records showing lost earnings;
- Estimates or expert reports supporting projected future losses, such as ongoing care needs or reduced earning capacity.
The aim is to put the claimant back into the financial position they would have been in had the accident not occurred.
Relationship Between General and Special Damages
Both general and special damages form part of the total compensation award in a public liability claim. General damages address personal harm and quality of life, while special damages address the economic impact of the injury. Each requires different supporting evidence: general damages rely heavily on medical and documentary evidence about impact and prognosis, and special damages rely on financial documentation.
Evidence Required for Valuation
To support a claim for general and special damages, a claimant will typically need:
- Medical reports from independent experts detailing the injury, prognosis, and long‑term effects;
- Witness statements and accident reports to corroborate how the injury occurred;
- Financial records, such as payslips, receipts, travel tickets and invoices;
- Expert assessments for future losses such as future care needs or loss of earnings.
Proper evidence collection helps validate both the personal impact and financial consequences of the injury, strengthening the claimant's position in negotiations or at trial.
Practical Considerations
Keep Accurate Records
Claimants should retain all receipts, invoices and payslips linked to expenses and losses caused by the injury. Accurate records make special damages easier to substantiate.
Early Medical Assessment
An early independent medical assessment can provide a clear picture of injuries and their effects, informing both general and special damages valuations.
Understanding Unique Claims
No two claims are identical. Even similar injuries can have different impacts depending on the claimant's age, occupation, lifestyle and recovery pattern. Judges and insurers factor these individual circumstances into any award.
Common Questions
Can I claim special damages if I have no financial losses?
No. Special damages are specifically for compensating actual financial losses caused by the injury. If there are no quantifiable losses, only general damages may apply.
Is general damages always awarded?
Yes. In a successful personal injury claim such as a public liability claim, general damages are typically awarded because they compensate for the physical and emotional harm suffered.
Key Takeaways
In public liability claims in England and Wales, compensation is usually made up of two heads: general damages for non‑financial loss such as pain, suffering and reduced quality of life, and special damages for quantifiable financial losses caused by the injury. General damages are valued using guideline brackets and medical evidence, while special damages are calculated with documented evidence of actual expenses and projected future costs. Understanding the distinction and gathering robust evidence are essential steps in accurately valuing a claim and supporting recovery of full compensation.
