Let us start with some legal terminology, “special damages” within the scope of a personal injury case in Australia is the amount that a person has already spent because of injury, which is over and above the general damages. However, the general damages are more subjective such as pain and suffering, the special damages are more objective and calculable. Summing it up any monetary loss which a person suffers in the context of personal injury falls under special damages.
Here’s a breakdown:
Medical Expenses
These constitute all costs incurred in treating the injury, including hospital charges, doctor fees, surgery, rehabilitation, and pharmaceutical drugs. You can make a claim for any medical expense you have to bear due to your personal injury.
A costly medical treatment is often a financial burden on the victim who gets involved in an accident due to someone else’s fault. For example, an emergency hospital admission of the individual would mean massive hospital bills. Subsequently, they would likely go to other doctors for further evaluations and will probably have surgery to fix such problems. To restore power and motion, there may be rehabilitation sessions that would also raise the overall costs. Other than this, there would be prescription medicines for pain and other medicines directed towards enhancing speedy recovery. All these expenses can be claimed as part of the claim for the personal injury and thus the injured does not bear any financial expenses as a result of their recovery.
Lost Income
One can earn compensatory claims if one is not able to work due to the imposed injury, for the money they could have gained. These can include both past income and future income.
Past income means the income during the time the injured person was out of employment due to the injury. Where as, future income means the income which the injured person will not be able to earn due to the injury.
The claim made for loss of past and future income will fall under special damages. For example, if a person sustains a knee injury in an accident have to take a break from work for three months is entitled to compensation for loss of income for that duration.
Also, if the accident results in a permanent condition that restricts the capacity of the victim to earn in the future, he can recover the loss of income in the future as special damages.
Other out-of-pocket expenses
This includes other costs which are incurred as a result of the injury including transport expenses to and from medical appointments. It also includes any type of domiciliary care or adaptations which may include ramping of doors in the home.
You can easily include the costs of medical appointments for treatment or therapy in your claim.
To get special damages claims, most of the receipts and documents concerning these expenses need to be submitted. The purpose is to demonstrate evidence of how much money you’ve lost or spent due to the injury in case there are any chances of reimbursement.
For example, if you have a back injury due to the negligence of someone else, and you have to take a cab to a physiotherapist every day for two months. In this case, you can claim the cost you have spent on cabs under special damages.
Read this also: Comprehensive guide to Filing a TPD claim for Back Injury
Need Help with personal injury claims?
United Legal Canberra is here to assist with special damages regarding your personal injury claims. Our lawyers will help you in each step of your claim so that you don’t have to worry about the legalities.
Contact our representative today for a free consultation. We will review your insurance needs and take prompt action on your behalf. For more information, call us at (02) 8355 9111 or email us at admin@unitedlegal.com.au. Scheduling an appointment takes just a few minutes.
