This guide is maintained as a current resource for August 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.
Explore the difference between general and special damages in personal injury claims under England and Wales law. This detailed guide explains how each type of compensation works, examples, how they are calculated, evidence needed, and practical tips for claimants seeking comprehensive compensation.
In personal injury and other civil claims in England and Wales, a successful claimant can be awarded compensation (damages) to address the harm they have suffered. Compensation is typically divided into two principal categories: general damages and special damages. These categories serve different purposes and are calculated in distinct ways. Understanding the difference is essential when preparing a claim, gathering evidence, or engaging with insurers, solicitors or courts.
What Are Damages in Personal Injury Claims?
In legal terminology, damages refer to the financial compensation awarded to a claimant when another party's negligence, breach of duty or wrongful act has caused loss or injury. Damages aim to restore the injured person, as far as possible, to the position they would have been in but for the incident. In personal injury claims, damages are broadly categorised into general damages and special damages based on the type of loss experienced.
What Are General Damages?
General damages compensate claimants for the non‑financial impact of an injury - losses that do not have a specific monetary value attached but that significantly affect the claimant's life. These include:
- Physical pain and suffering - the immediate and ongoing physical distress caused by the injury.
- Loss of amenity - reduced ability to enjoy everyday activities, hobbies or social life.
- Psychological effects - such as anxiety, depression or post‑traumatic stress arising from the injury.
- Loss of quality of life - long‑term reductions in independence or well‑being.
- Disfigurement or disability - visible or permanent effects of the injury that affect self‑image or lifestyle.
General damages are often referred to as pain, suffering and loss of amenity (PSLA) and do not correspond to specific receipts or invoices. Because these losses are subjective, they are typically valued by reference to established legal guidelines, especially the Judicial College Guidelines, which provide ranges of compensation based on injury severity and impact.
In clinical or civil claims, the judge or insurer will assess general damages by considering medical evidence, expert reports and precedent from similar cases, rather than precise financial records.
What Are Special Damages?
Special damages address the financial losses and out‑of‑pocket expenses a claimant has suffered as a result of their injury. These are monetary losses that can be documented and quantified with evidence. Examples of special damages include:
- Loss of earnings - pay lost due to absence from work as a result of the injury.
- Future loss of earnings or earning capacity - where injuries affect long‑term employment or promotional prospects.
- Medical and rehabilitation costs - bills for treatment, private therapy, specialist equipment and prescriptions.
- Travel and accommodation costs - travel to medical appointments or costs incurred by family members in providing care.
- Care and assistance - professional care costs or the reasonable value of care provided by family or friends.
- Home or vehicle adaptations - modifications required due to disability caused by the injury.
- Property damage - repair or replacement of personal property damaged in the incident.
Special damages are easier to quantify than general damages because each item of loss has a specific monetary value supported by evidence such as receipts, invoices, payslips and medical bills. Claimants must prove these expenses were caused by the injury to recover them.
Key Differences: General vs Special Damages
| Feature | General Damages | Special Damages |
|---|---|---|
| Type of Loss | Non‑financial (intangible) | Financial (tangible) |
| Examples | Pain, suffering, loss of enjoyment of life, psychological impact | Lost earnings, medical costs, care costs, travel expenses |
| Evidence Required | Medical reports and expert assessments | Receipts, invoices, payslips, financial records |
| Calculation Method | Judicial assessment based on guidelines and past awards | Arithmetic calculation of actual financial losses |
| Purpose | Compensate for human experience of injury | Restore claimant's financial position before the injury |
This distinction reflects the broader legal aim of compensatory damages: to address both the human cost of an injury and its economic consequences.
How Damages Are Calculated
General Damages
Claims for general damages are usually supported by medical expert evidence which describes the severity, prognosis and long‑term effects of the injury. Judges and insurers often use the Judicial College Guidelines as a reference to determine an appropriate award for pain and suffering. These guidelines are updated periodically and reflect historical case outcomes for similar injuries.
Special Damages
Special damages require detailed documentation:
- Identify financial losses: List all costs directly resulting from the injury.
- Collect supporting evidence: Receipts, bills, payslips and employer statements demonstrate actual losses.
- Calculate total losses: Add past and anticipated future expenses incurred as a direct result of the injury.
In some cases, expert opinion (for example, from an economist) may be necessary to estimate future losses, such as projected loss of earnings or ongoing care costs.
Time Limits and Evidence Requirements
Under the Limitation Act 1980, most personal injury claims must be started within three years of the date of the injury or the date when the claimant became aware of the injury's cause. Both general and special damages are typically claimed within this timeframe. Evidence is vital: for special damages, documentary proof is essential, and for general damages, medical evidence is fundamental to establish the extent and impact of non‑financial losses.
Failure to provide adequate evidence for special damages may result in exclusion or reduction of that part of the claim. Similarly, poorly supported reports on general damages can weaken a claim for pain and suffering. Working with a solicitor experienced in personal injury claims can help ensure that both heads of damage are properly supported and presented.
Common Scenarios Illustrating Different Damages
Road Traffic Accident
- General damages: Pain and suffering from whiplash, psychological trauma from the collision.
- Special damages: Loss of earnings while off work, travel costs to medical appointments, car repair bills.
Workplace Injury
- General damages: Reduced mobility and lifestyle changes.
- Special damages: Treatment costs, loss of promotion opportunities, adaptations to home.
Medical Negligence
- General damages: Chronic pain and diminished quality of life due to negligent treatment.
- Special damages: Private corrective procedures, ongoing therapy, impact on career prospects.
These scenarios demonstrate how both types of damages work together to address the full impact of injury on the claimant's life.
Practical Considerations
Evidence Collection
Start gathering evidence as soon as possible after an injury. Keep all medical correspondence, financial records, receipts and payslips. For general damages, ensure medical examinations assess both physical and psychological effects.
Legal Support
Solicitors with experience in personal injury claims can assist in calculating special damages, advising on evidence, and estimating general damages based on guideline ranges.
Negotiation and Settlement
Claims often settle through negotiation with insurers. A clear distinction between general and special damages helps in preparing a schedule of loss that comprehensively itemises all heads of compensation sought.
Common Questions
Can I receive both general and special damages?
Yes. Most personal injury claims include both heads, but special damages are only awarded if there are documented financial losses directly attributable to the injury.
Are general damages subjective?
Yes. Because they relate to pain, suffering and loss of amenity, general damages do not have a fixed monetary value and are assessed based on injury severity and precedent.
Do I need evidence for general damages?
While general damages do not require receipts, medical evidence is essential to support claims about pain, suffering and long‑term impact.
Key Takeaways
In personal injury claims in England and Wales, understanding the difference between general damages and special damages is fundamental. General damages compensate for non‑financial loss, such as pain, suffering and reduced quality of life, while special damages reimburse financial losses directly caused by the injury, such as loss of earnings and medical expenses. Both categories form part of the total compensation award, and claimants must provide appropriate evidence: medical reports for general damages and financial records for special damages. Clear documentation and expert input improve the likelihood of a comprehensive settlement or court award that reflects the true impact of the injury.
