What can I claim compensation for?

There are two types of compensation you can claim.

General damages are for the pain and suffering you have had to cope with after an injury.

Special damages are for money you've had to pay or money you have lost (such as earnings) because of an accident.

You can also claim for loss of future earnings if, for example, your injury means you cannot carry on working in a job or profession you have been working in.

And if a member of your family has been killed, you may be able to claim compensation if they supported you.

Special damages compensation can also cover:

• damage to clothing or other belongings;
• the cost of medical treatment;
• travel costs to hospital for you and visiting relatives;
• ongoing care, therapy or counselling to help you recover from or cope with your injury; and
• the cost of hiring a car or repairing the one damaged in the accident.

If you need to spend money for things related to your accident or injury, try to keep all your receipts. This will make it easier to claim the money back as part of special damages.

If a court decides you were partly to blame for your injuries (called 'contributory negligence'), it may reduce the amount of compensation you get (for example, if you were not wearing a seat belt when you had a car accident).

You may also get less compensation if the other side can prove you did not ‘mitigate’ your losses (that is, you did not do what you could to keep your losses to a minimum).

If you have been getting some types of benefit payments because of a personal injury, you may have to repay them from any compensation you get. The rules are complicated, and you should get expert advice. For more on claiming benefits, see the 'Benefits' section. You may be able to set up a trust to protect your benefits if you receive compensation. A specialist personal injury solicitor will be able to advise you about this.

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Community Legal Advice

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