General and Special Damages
What are General and Special Damages?
The two most common types of damages recoverable in a personal injury action are General Damages and Special Damages. General Damages in Personal Injury Cases, for example, in a road traffic accident, are intended to compensate you for the impact the injury has and will have on your life. This includes pain and suffering, whether mild or severe, sustained from the injury. This pain can be physical and psychological. Has your life has been affected due to an accident caused by another party? If you have any questions, talk to us today. We are here to help. No Win No Fee* Explained
What are General Damages?
General Damages is the amount awarded in a successful injury claim. This figure is based on the impact of your physical or psychological injuries on your daily life, such as short-term or permanent disability, disfigurement or PTSD. A further consideration in determining the compensation end figure is which areas of the body were temporarily or permanently affected.
What are Special Damages?
In short, Special Damages refer to pecuniary or financial loss. An injured party must prove all losses under Special Damages. This can be done by providing receipts for payment, and it is important to retain all receipts for out-of-pocket expenses so that these losses can be claimed back. If any specific item cannot be proven, it will not be reimbursed.
What is the cap on General Damages?
The maximum compensation figure for awarded for General Damages in Ireland
In 1984, there was a “cap” placed on the maximum award payable for general damages , i.e., for pain and suffering, at £150,000. This means that from 1984, the most a plaintiff could be awarded for pain and suffering was £150,000. This decision was made in the case of Sinnott v Quinnsworth Limited [1984]. In this case, a jury made an award in favour of the plaintiff (the injured party) of £800,000 for general damages. This was appealed to the Supreme Court, which held that the “cap” on general damages should be £150,000. No cap was placed on the amount that could be awarded for special damages (out-of-pocket expenses to date and into the future, such as medical care, loss of earnings, etc.). Since then, the cap has moved….
Synnott Lawline moved the bar on the cap for General Damages
In July 2009 Synnott Lawline Solicitors brought a case to the High Court on behalf of a plaintiff that had sustained a catastrophic back injury in a road traffic accident and, in this case, succeeded in having the limit on general damages increased to €500,000.
Case Study: Maggie Yang Yun v The Motor Insurers Bureau of Ireland and Tommy Xiang Bai Tao [2009].
Case File Overview
The plaintiff in this case was just 21 years old when she was involved in a serious road traffic collision that resulted in life-changing, catastrophic injuries. The plaintiff was travelling as a back-seat passenger in a car when the vehicle hit the car in front and then collided with a third vehicle. The plaintiff was wearing a seatbelt at the time of the accident, and she sustained a very serious injury to her back as a result of the collision.
Court Review: The Cap on General Damages moves
The Court was asked in this case to review the cap on general damages and following on from an extensive review of the cap the Court made a Ruling whereby the cap was uplifted to €500,000. In this case, the Court considered the current economic climate, (Ireland was in the midst of recession), and in the circumstances, the plaintiff was not awarded the full amount of €500,000.
Result: Court Offers Almost €2 million to the Plaintiff
This case examined in detail, all factors that should be taken into account when arriving at a figure for general damages including the amount of special damages being claimed. If the plaintiff is making a significant claim for special damages for items such as care into the future and loss of earnings, then it might be reasonable for the Court to provide a lower award for general damages. The Court will also look at whether the plaintiff’s life expectancy has been in any way reduced and they will consider the economic climate at the time the case is being heard.
Full Court Compensation Award Breakdown
The Court made the following award in this case – Damages were therefore, awarded in total as follows:
The key takeaways
The full Judgment is available here
What you need to know about General and Special Damages – FAQs
Got a question about Starting a Claim for Personal Injury or Medical Negligence? Send us a message!
If you’ve suffered a personal injury through no fault of your own, the path to fair compensation can be daunting. Our experienced solicitors have successfully represented clients across Ireland, offering compassionate, expert advice. Contact us confidentially any day of the week by call, email, text, or contact form, and a solicitor will respond. We’re here to help 7 days a week.
Road Traffic Accidents
If you were injured in a road accident due to another party’s fault, you may be eligible for compensation. Our legal team will guide you through the claims process.
Personal Injury Accidents
Injury claims involving accidents in public places, leisure centres, and workplaces are common. We will assist you in determining who is legally responsible and secure the compensation you deserve.
Accidents at Work
Common workplace accidents arise from heavy lifting, carrying, slipping, tripping, falling objects, tools, machinery or repetitive tasks. Employers have a duty to provide a safe work environment. If your injuries were caused in work you may be eligible to seek compensation.
No Win No Fee Explained
No Win No Fee – The legal term used to describe how solicitors take on a case where they pay the costs of the litigation. Irish Law Firms who operate on this basis pay for the medical reports, expert fees and other legal costs associated with your injury case. It’s common for specialised personal injury firms to operate on a “no win no fee” basis. Solicitors are not allowed to advertise no win no fee services.
Start your injury case
If you’ve suffered injury, loss, damage or expense as a result of another party’s negligent act or omission, you may be entitled to claim from that party or their insurers. Starting a case with our legal team is a seamless process. Subject to strict exceptions, you have two years from the date of your accident to commence legal proceedings. A different claims policy applies to children under 18.
What can I claim for?
Personal Injury Claim amounts are difficult to value at the outset of any case, but the value of your case in terms of General Damages will depend on the severity of the injury, the pain, suffering and inconvenience caused by the length of time to recover and the prognosis for the future. In addition, you are entitled to claim for all financial losses and expenses sustained by you as a result of the accident.
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