General damages in a personal injury claim
Monetary compensation awarded to cover non-financial losses caused by an injury is called General Damages. It covers things like pain, suffering and loss of amenity.
Solicitors often talk about general damages and special damages when discussing the value of a claim. These industry specific terms may sound confusing to clients. In this video Dominic Moss, senior partner here at Stonehewer Moss solicitors, explains what genera damages are. Including details the type of expenses that maybe included in the compensation claim in a personal injury case.
What Are General Damages?
General damages and special damages are those damages that we use to calculate the total value of your claim.
General damages are the damages that relate to your injury itself. That is down to pain, suffering and loss of amenity. Pain would really be the initial pain. The suffering would be the ongoing issues that you are having. The loss of amenity is the fact that you can no longer do things that you could do before. It might be someone who used to play golf who then has a bad back because of an accident and can no longer pay golf. Or for a period cannot play golf. It might be someone who likes running or any activity or anything they like that is a loss of amenity. When we combine them, pain, suffering and loss of amenity together we get the value of the general damages part of your claim.
We use various methods to calculate that and we have books on the case law. The books have lists of cases similar to yours and the case law are cases that have actually been decided in court that might be similar to yours. By looking at those and no two cases are the same, so we have to kind of work out where you fit in. Once we do that we can come up with a figure and say OK you have a three year back problem, it has stopped you from playing golf, it caused these problems with your life and from that we can work out your general damages claim what that would be worth.
General damages then add to special damages which I have talked about in another video and we combine the two to get the whole value of your claim. If you need more advice on that then give me a call. My name is Dominic Moss or you can visit our website or YouTube channel.