Special Damages Explained — UK Personal Injury Claims
UK personal injury compensation has two main components: general damages (for pain, suffering, and loss of amenity) and special damages (for actual financial losses). For many claimants, special damages substantially exceed general damages — particularly in cases involving time off work, ongoing treatment, care needs, or equipment requirements. Understanding what special damages include and how they are evidenced helps ensure that the full financial impact of your injury is recovered.
In this guide
- Special Damages vs General Damages
- Past Special Damages
- Future Special Damages
- How Special Damages Are Calculated
- Evidence for Special Damages
- The Schedule of Loss
- Common Pitfalls
- Common Questions About Special Damages
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
This guide explains the main categories of special damages in UK personal injury claims, the evidence required, and the practical steps to support each claim head.
Special Damages vs General Damages
The two components are different in nature:
General Damages
- Compensation for pain, suffering, and loss of amenity
- Valued under the Judicial College Guidelines
- A single lump sum representing the injury’s impact
- Same broad framework for all UK personal injury claims
Special Damages
- Compensation for actual financial losses
- Calculated specifically to the individual
- Each item separately evidenced
- Past losses (concrete) plus future losses (projected)
For high-value cases, special damages can be many times the general damages component.
Past Special Damages
Past special damages cover financial losses from the accident to the date of settlement. The main heads:
1. Loss of Earnings
Typically the largest past special damages head. Includes lost wages, overtime, bonuses, commission, shift premiums, and pension contributions. See our loss of earnings guide for the full framework.
2. Medical Treatment Costs — Recoverable treatment costs include:
- Private medical treatment where NHS waits were unreasonable
- Physiotherapy (often substantial for orthopaedic injuries)
- Psychological therapy and counselling
- Pain management treatment
- Specialist consultations
- Prescriptions and medications
- Hospital travel and parking
NHS treatment is generally not recoverable as special damages (you did not pay for it), but the NHS may recover some of its costs from the defendant’s insurer through the Compensation Recovery Unit.
3. Care and Assistance — Care provided by family members or paid carers is recoverable. The framework:
- Family-provided care recovered at commercial rates minus a typically 25% discount
- Professional care recovered at actual cost
- Tasks include personal care (washing, dressing), domestic tasks (cooking, cleaning), shopping, gardening, childcare, transport
A care diary documenting hours spent helping the claimant strengthens the claim substantially. Care experts may be instructed for complex cases.
4. Travel Costs — - Travel to medical appointments (own car at HMRC rates, plus parking)
- Taxi fares while unable to drive
- Public transport costs
- Mileage for friends/family providing lifts
- Train fares for specialist treatment
5. Damaged Property — - Clothing damaged in the accident
- Personal items destroyed (glasses, watches, phones)
- Vehicle damage (where not covered by motor insurance)
- Equipment damaged or destroyed
6. Aids and Equipment During Recovery
- Crutches, walking sticks, walking frames
- Wheelchairs (typically rental for short-term need)
- Splints and supports
- Bed rails and raised toilet seats
- Specialist mattresses for spinal injuries
- Heating pads, ice packs, TENS machines
7. Adaptations During Recovery — - Temporary ramps for wheelchair access
- Stair lifts (purchased or rented)
- Bathroom modifications
- Other accessibility changes
8. Other Expenses — - Extra heating costs (for those housebound)
- Increased food costs (e.g. special dietary requirements)
- Replacement of damaged clothing
- Childcare costs where the claimant could no longer manage
Future Special Damages
Future special damages cover projected losses from settlement to the end of the claimant’s life (or working life for earnings):
1. Future Loss of Earnings
Calculated using the multiplier/multiplicand method and Ogden Tables. For working-age claimants prevented from returning to work, this is typically the largest future loss head. See our loss of earnings guide.
2. Future Care Costs — For ongoing care needs:
- Commercial care at market rates
- Family care at the appropriate rate
- 24-hour care for severe cases (typically £150,000-£350,000 per year)
- Case management costs
- Care projected to life expectancy
Care needs are assessed by specialist care experts who produce detailed reports. See our catastrophic injury claims guide.
3. Future Treatment — - Lifetime medical care
- Future surgeries (e.g. revision surgeries, joint replacements)
- Ongoing physiotherapy and rehabilitation
- Pain management programmes
- Psychological treatment
- Specialist consultations and follow-up
4. Future Equipment — - Wheelchair replacements (typically every 3-5 years)
- Prosthetic limbs (typically every 3-5 years)
- Assistive technology
- Mobility aids
- Vehicle adaptations
- Environmental control systems
5. Future Accommodation — For claimants needing adapted housing:
- Capital cost of adapted property
- Adaptations (lifts, ramps, accessible bathrooms, etc.)
- Increased running costs (heating, insurance)
- Future moves required by deteriorating condition
6. Future Care for Children
For child claimants with serious injuries, lifetime care projections include substantial periods of childhood support, transition to adult services, and lifetime ongoing care.
How Special Damages Are Calculated
Past Special Damages — Concrete Figures
Past special damages are quantified specifically:
- Total each receipt and invoice
- Calculate hours of care provided
- Sum lost earnings figures
- Document and quantify each item
A “Schedule of Loss” sets out each item with supporting evidence.
Future Special Damages — Projection
Future losses require projection:
- Annual cost (multiplicand)
- Multiplier from Ogden Tables for the relevant duration
- Total = multiplicand × multiplier
- Reductions for any residual capacity
See our future loss calculation guide for the Ogden Tables framework.
Evidence for Special Damages
Each item needs specific evidence:
Earnings
- Wage slips (12 months pre-accident)
- P60s and P45
- Employment contract
- Tax returns (for self-employed)
- Employer letters confirming earnings and benefits
Treatment Costs
- Invoices and receipts for all treatment
- Records of physiotherapy sessions
- Prescription receipts
- Hospital and consultant invoices
Care
- Care diary recording hours and tasks
- Witness statements from carers
- Care expert assessment
Travel and Mileage
- Receipts for taxi fares and public transport
- Mileage log with HMRC rates
- Parking receipts
Aids and Equipment
- Receipts for purchases
- Quotes for any future equipment
- Expert opinion on future needs
The Schedule of Loss
In every personal injury claim, the claimant prepares a “Schedule of Loss” setting out:
- Each special damages item
- Evidence supporting each item
- Calculation methodology
- Past and future components
- Subtotals and grand total
The defendant responds with a “Counter-Schedule” disputing items or proposing different figures. Where disagreements cannot be resolved, expert evidence or court determination is needed.
Common Pitfalls
Failing to Keep Records
Many claimants under-recover because they did not keep receipts, did not maintain a care diary, or did not document treatment costs. Starting record-keeping from day one of the injury is critical.
Forgetting Indirect Costs
Items often overlooked:
- Mileage to medical appointments
- Family care hours (which can total thousands of hours for serious cases)
- Lost overtime and shift premiums
- Lost pension contributions
- Replacement childcare costs
Under-Projecting Future Losses
Future losses need careful projection. Many claimants accept settlements that under-estimate the lifetime impact. Specialist solicitors and expert evidence are essential for getting future losses right.
Common Questions About Special Damages
How much should my special damages be?
Highly variable — depends entirely on your specific losses. For a typical RTA claim with 6 weeks off work and some physiotherapy, special damages might be £3,000-£8,000. For a serious workplace injury with permanent career impact, special damages can exceed £500,000. For catastrophic injury, special damages can exceed £10 million. Your specialist solicitor will assess based on your specific circumstances.
Can family care really be paid for?
Yes. Care provided by family members is recoverable as special damages, typically at commercial care rates minus a 25 per cent discount. For serious cases where family members provide substantial care over months or years, this can amount to tens of thousands of pounds. A care diary documenting hours spent is essential.
I went private rather than waiting for NHS. Can I claim the costs?
Yes, where the choice was reasonable. UK courts recognise that NHS waiting times can be unreasonable in many circumstances. Where private treatment was reasonably needed (e.g. earlier surgery, faster recovery, return to work), the costs are recoverable. Receipts and rationale for choosing private treatment support the claim.
How do I prove my care costs?
A contemporaneous care diary is the most powerful evidence — documenting daily hours of care, tasks performed, and who provided the care. Witness statements from family carers, photographs showing the claimant’s condition, and care expert assessments all support the claim.
My job allows working from home. Have I really lost earnings if I can do that?
It depends on whether you can actually perform the work effectively while injured. If pain, medication, or physical limitations reduce your productivity, output, or hours, those reductions are claimable as loss of earnings — even where the formal job structure continued. Medical evidence supports the calculation.
How is interest applied to special damages?
Past special damages typically attract interest at the special account rate (around 8 per cent) for older losses, declining to roughly 0.5 per cent for recent losses. This reflects the time the claimant has been out of pocket. Interest is calculated and added to the settlement figure.
Related Guides
How Personal Injury Claims Work | Process & FAQs
Loss of Earnings in Personal Injury Claims
Future Loss Calculation in Personal Injury
How Much Compensation for Personal Injury?
Catastrophic Injury Compensation Claims
Personal Injury Trusts | Protecting Your Compensation
Will My Personal Injury Claim Affect My Benefits?
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