General vs special damages — what's the difference?

Last updated · By Mustafa Bilgic

The difference between general and special damages is simple: general damages compensate you for the injury itself — the pain, suffering and loss of amenity — and are estimated from injury brackets such as the Judicial College Guidelines. Special damages reimburse your financial losses — lost earnings, treatment, care and travel — and must be proven with evidence like payslips and receipts. A typical claim recovers both, added together as your total compensatory damages.

Two halves of one claim

When a personal-injury claim is valued, the total is split into two categories that lawyers and insurers treat very differently. Confusing the two is one of the most common mistakes people make when they try to estimate a payout. The distinction comes down to a single question: is the loss financial, or not?

General damages — the non-financial harm

General damages compensate for pain, suffering and loss of amenity (PSLA) — the physical and emotional impact of the injury and the things you can no longer do. They cannot be itemised on a receipt, so they are estimated from injury brackets. In England and Wales the standard reference is the Judicial College Guidelines, which set a range for each injury and severity; a medical report then places your case within that range.

Special damages — the financial losses

Special damages reimburse the actual money the injury has cost you, and crucially they must be proven. If you cannot evidence a loss, you usually cannot recover it. They include lost earnings, medical and rehabilitation costs, care and assistance, travel, and damaged property — plus any equivalent losses expected in the future.

General vs special damages — side by side

How general and special damages compare across the things that matter most in a claim.
 General damagesSpecial damages
What it coversPain, suffering & loss of amenity (non-financial)Financial losses caused by the injury
How it's valuedInjury bracket / Judicial College GuidelinesThe actual proven cost of each loss
Evidence neededMedical report & prognosisPayslips, receipts, invoices, accounts
ExamplesWhiplash pain, scarring, PTSD, lost hobbiesLost wages, physio, travel, vehicle repair
When assessedOnce prognosis is knownPast losses now; future losses projected

Past vs future special damages

Special damages are themselves split in two by the date of settlement:

  • Past losses — everything you have already lost or spent between the accident and settlement: wages, treatment, travel and care to date.
  • Future losses — money you will lose after settlement: ongoing care, future medical treatment, and future loss of earnings or earning capacity.

Future loss of earnings in serious UK cases is calculated with a multiplier and multiplicand — the annual net loss (multiplicand) multiplied by a figure (multiplier) drawn from the Ogden tables. Our loss of earnings guide explains this in full.

Medical evidence and the Schedule of Loss

Two documents drive the valuation. The medical report, written by an independent expert, fixes the diagnosis, severity and prognosis — and therefore the general-damages bracket. The Schedule of Loss is a formal, itemised list of every special damage, past and future, with supporting evidence attached. Together they turn a claim into a defensible number rather than a guess.

Keep evidence from day one. Start a simple folder the day of the accident: payslips, an employer letter, prescription and pharmacy receipts, travel logs, repair quotes, and a short diary of care provided by family. Unproven losses are typically not recoverable, so the strength of your special-damages claim depends directly on your paperwork.

How they combine into the total

The two categories are simply added together. A claim might be £8,000 of general damages for the injury plus £4,500 of special damages for lost earnings, treatment and travel, giving £12,500 before any deduction. If you were partly at fault, the combined total is reduced for contributory negligence. The free compensation calculator mirrors this: it estimates the injury value, then lets you add your financial losses on top. For the full method, read how compensation is calculated.

A note on terminology

Both general and special damages are types of compensatory damages — their purpose is to put you back, as far as money can, in the position you would have been in without the injury. They are different from punitive (exemplary) damages, which are designed to punish wrongdoing rather than compensate loss. Punitive damages are rare in personal-injury claims in England & Wales and are more commonly seen in some US cases involving egregious conduct. The vast majority of accident claims are made up purely of compensatory general and special damages.

Frequently asked questions

What is the difference between general and special damages?

General damages compensate for non-financial harm — pain, suffering and loss of amenity caused by the injury — and are estimated from injury brackets such as the Judicial College Guidelines. Special damages compensate for measurable financial losses you can prove, such as lost earnings, medical costs, care and travel. In short, general damages are for the injury and its effect on your life; special damages reimburse the money the injury cost you.

What are examples of each?

Examples of general damages include the pain of a fracture, ongoing back pain, scarring, loss of enjoyment of hobbies, and psychological injury such as PTSD. Examples of special damages include lost wages while off work, physiotherapy and prescription costs, care provided by family, travel to appointments, damaged property such as a phone or vehicle, and future losses like ongoing treatment or reduced earning capacity.

What evidence do I need for special damages?

Special damages must be proven with documents. Useful evidence includes payslips and an employer letter for lost earnings, tax returns or accounts for the self-employed, receipts and invoices for treatment and travel, prescription records, repair or replacement quotes for damaged property, and a care diary for help provided at home. Keep everything — unproven losses are usually not recoverable.

Are future losses included?

Yes. Special damages are split into past losses (incurred up to settlement) and future losses (expected after settlement). Future losses include ongoing care, future treatment and future loss of earnings or earning capacity. In serious UK cases future loss of earnings is calculated using a multiplier and multiplicand, with the Ogden tables used to set the multiplier. Future losses are set out in the Schedule of Loss.

Can I claim both?

Yes. Most personal-injury claims include both. General damages compensate for the injury itself and special damages reimburse your financial losses, and the two are added together to make your total compensatory damages. A typical claim recovers general damages for pain and suffering plus all proven past and future special damages.

Estimate only — not legal advice. Figures and definitions on this page are general information based on published injury brackets and standard practice, and may differ from any actual award or settlement. Always confirm with a qualified solicitor (UK) or attorney (US). You can check whether a UK firm is regulated at the Solicitors Regulation Authority or get free guidance from Citizens Advice. See our full disclaimer.

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