Special damages: claiming your financial losses

When people think about compensation they usually picture a payout for the injury, but in many claims the bigger figure is the money the injury cost you — your special damages. These are easy to overlook and easy to under-claim if you don't keep records. This guide explains exactly what special damages cover and how to evidence them.

One thing to be clear about from the outset: we are an independent information service, not a law firm and not a firm of solicitors. Nothing here is legal advice about your own situation. For that, speak to an SRA-regulated solicitor or use the official sources we signpost below.

What special damages are

Special damages are the quantifiable financial losses flowing from your injury, as opposed to general damages, which compensate the pain and suffering of the injury itself. The distinction matters because special damages are provable to the penny and uncapped — you recover the real cost, past and future, that the accident caused, so long as it is reasonable and supported by evidence. Our compensation explained and what compensation covers guides set both heads in context.

Lost earnings, past and future

If your injury kept you off work, you can claim your net lost earnings, including overtime, bonuses and lost pension contributions where you can evidence them. Payslips, employer letters and accounts (for the self-employed) prove the loss. Where an injury affects your ability to work long-term, you may also claim future loss of earnings or loss of earning capacity, which can be substantial and is calculated using established methods. Don't forget to factor in any benefits received, which can affect what reaches you.

Care, treatment, travel and equipment

Beyond earnings, special damages commonly include: medical and rehabilitation costs (physiotherapy, counselling, private treatment where reasonable); care and assistance, including gratuitous care provided unpaid by family, which can be valued; travel to appointments; aids, equipment and home adaptations; and damaged property such as a phone, clothing, a bike or a vehicle. Each head must be reasonable and, ideally, supported by a receipt, invoice or quote. Keep everything from day one.

Future losses in serious cases

In more serious injuries, the largest sums are often future losses: ongoing care, future treatment and surgery, future loss of earnings, and the lifetime cost of equipment and adaptations. These are estimated with the help of expert evidence (medical, care and employment experts) and calculated using recognised multipliers. Because they look years ahead, they are technical to prove and easy to undervalue without expert input — one reason serious claims warrant an experienced solicitor.

The schedule of loss

Special damages are presented in a schedule of loss — an itemised document listing every loss, its amount and the supporting evidence. A well-prepared schedule is what turns scattered receipts into a recoverable figure, and a weak one leaves money on the table. The defendant scrutinises it closely, so each item should be reasonable, evidenced and clearly caused by the accident. The strength of your evidence directly determines how much of your losses you actually recover.

Frequently asked questions