General damages
- Pain, suffering and loss of amenity
- Valued by comparing similar injuries
- In England and Wales, guided by Judicial College brackets
- Not tied to receipts
Compensation
General vs special damages
If a solicitor, lawyer or insurer talks about general and special damages, they mean the two main parts of your claim: the injury itself, and what it has cost you.
The short answer
General damages compensate you for the injury itself: pain, suffering and loss of amenity (the things you can no longer do or enjoy). Special damages repay specific financial losses you can prove, such as lost earnings, medical costs, travel and damaged property. The terms are used most in the UK and Canada. In the US you'll more often hear economic and non-economic damages, which cover largely the same ground.
At a glance
Special damages
- Past lost earnings and benefits
- Treatment, prescriptions and travel costs
- Care and help from family, even if unpaid
- Repairs, replacement items, excess paid
| What differs | General damages | Special damages |
|---|---|---|
| What it compensates | The injury and its effect on your life | Money you've lost or spent |
| Evidence | Medical reports, your statement, witnesses | Receipts, invoices, payslips, tax records |
| Calculation | Judgment against comparable awards | Adding up losses, or expert calculation |
| US equivalent | Non-economic damages | Economic damages |
| Watch out for | Tariffs, caps and thresholds | Losses with no paperwork to back them up |
How the terms are used in the UK
In an English or Welsh injury claim, general damages usually means compensation for pain, suffering and loss of amenity. Judges and insurers value it using the Judicial College Guidelines, which set brackets for injuries from a sprained wrist to brain damage. For road traffic whiplash lasting up to two years, a fixed tariff applies instead.
Special damages are listed in a schedule of loss. That document sets out every past financial loss with evidence, and usually a separate section for future losses such as ongoing care or reduced earnings. Items people often forget include:
- Care and help from family members, which can be claimed even when they weren't paid.
- Mileage and parking for medical appointments.
- Your insurance excess and loss of use of your car.
- Extra costs like a cleaner or gardener for jobs you used to do yourself.
- Lost overtime, bonuses and pension contributions.
Canada and the US
Canadian courts talk about non-pecuniary general damages for pain and suffering, special damages for out-of-pocket losses before trial, and separate heads for future care and loss of earning capacity. The Supreme Court's upper limit on non-pecuniary damages only matters in catastrophic cases.
In the US, special damages are the economic losses and general damages the non-economic ones. The difference can be procedural as well: in federal court and many state courts, special damages must be specifically stated in the complaint, so leaving out a category of loss can cause problems later.
Example
A warehouse worker in Leeds injures his back when a racking shelf collapses. His general damages are for a back injury that takes about 18 months to settle. His special damages include lost overtime, physio he paid for privately, prescription costs, and the hours his partner spent helping him wash and dress in the first six weeks.
Common questions
What are general damages in a personal injury claim?
Compensation for the injury itself: pain, suffering and loss of amenity, meaning the effect on your everyday life, hobbies and relationships. In England and Wales it's valued using the Judicial College Guidelines or, for road traffic whiplash, a fixed tariff.
What is included in special damages?
Past financial losses caused by the accident: lost earnings, medical and treatment costs, travel to appointments, care from family, damaged property and other out-of-pocket expenses you can document.
Is loss of earnings general or special damages?
Past lost earnings are special damages. Future loss of earnings is often listed separately as future loss, and some courts technically treat it as part of general damages. In practice both go in your schedule of loss.
What is a schedule of loss?
A document, used mainly in England and Wales, that lists every financial loss you're claiming, with figures and supporting evidence. It's updated as your claim goes on and forms the basis for negotiating special damages.
Last reviewed September 2026. General information, not legal advice.