Personal injury – TWO types of compensation

If you have been injured either physically or psychologically in an accident that wasn’t your fault, you may be entitled to a personal injury lump sum payout. When we talk about personal injury compensation claims, many people falsely believe that their injury will fall into a certain bracket of compensation, meaning you will receive a set amount for a leg injury or a different amount for a head injury, etc. but what people do not realize is that circumstances play a role in determining the amount of money that your compensation claim may be worth. 

For example, a common Walmart personal injury claim or an injury whilst traveling on public transport or the trauma of being cornered by an aggressive barking dog would all take into account things like loss of earnings and rehabilitation costs. Let’s get into it…

General damages (for your pain and suffering)

First, it is worth mentioning that in order for a compensation claim to go ahead, proof of third-party negligence must be established. This is where your lawyer comes in. Speak to your lawyer about the details of your claim to find out how proof of negligence can be obtained and argued in court. 

Damages for your pain and suffering exist to compensate you for things that cannot easily be given a monetary value. This means that there is no evidence to support the claim. Instead, cases are heard and damages are awarded on the basis of a consensus that certain injuries and emotional trauma should be awarded an amount of money in acknowledgment of the fact that the guilty third party could have done more to prevent the injury. Your lawyer can provide access to information that will outline how you may be entitled to general damages specific to your physical or psychological injury. 

Special damages (lost wages, medical bills, etc.)

The term ‘special damages’ refers to losses and expenses that have occurred up to the date of your hearing. These are measurable costs (i.e. not predicted or expected losses) that you as the injured party have either been forced to cover out of your own pocket or have been unable to earn due to your injury. Essentially, this type of compensation includes any injury related expense for which you are able to provide evidence. Again, speak to your lawyer about the ways in which you could be entitled to special damages as part of your claim. 

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