Special damages

In plain English: special damages (often shortened to "specials") are the specific, measurable financial losses caused by your accident: things like medical bills, lost earnings, travel costs and repairs. They're added up item by item.

How the term is used where you live

• US: special damages is broadly the same as economic damages, covering past and future money losses.
• England, Wales and Scotland: special damages usually means financial losses up to the date of settlement or trial. Future losses are often treated separately. You'll see them set out in a schedule of loss, a document listing each item with the amount and evidence.
• Canada: lawyers often use "special damages" for past out-of-pocket losses, alongside separate claims for future care and loss of earning capacity.

Typical items

• Lost earnings to date, including overtime and bonuses
• Private medical treatment, prescriptions and therapy
• Travel to and from appointments
• Care and help given by family or paid carers
• Vehicle repair, hire and recovery costs
• Damaged clothing, phones and other belongings
• Aids and equipment, such as crutches or a shower seat

Building a schedule that holds up

Each item needs three things: what it was, what it cost, and why the accident caused it. Receipts and payslips cover the first two. The third comes from medical records, referral letters and your employer's confirmation of time off. Group costs by category and date, and keep a running total. It makes negotiation much easier, and in the UK a schedule of loss is required if the claim goes to court.

What insurers push back on

Expect questions about whether treatment was necessary, whether a charge was reasonable, whether you'd have lost the earnings anyway, and whether you did enough to limit your losses. Clear records deal with most of these. In the UK, some state benefits paid because of the injury are repaid out of certain heads of special damages through the Compensation Recovery Unit, so it's worth understanding how that affects your figures before agreeing a settlement.

Next: general vs special damages · out-of-pocket expenses · mitigation of damages.

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