You might have heard about the concept of damages before in a compensation case. “Damages” mean the money one person may have to pay to another person because of harm or losses caused by their actions. It’s a way to make things fair when someone gets hurt or loses something because of someone else’s actions as a result of personal injury claims.
In Australia, when someone gets hurt in an accident or because of someone else’s actions, there’s a system to help them. This system is here to make things right. It gives money to people who got hurt, so they can recover their losses and feel like they got justice. See our personal injury overview for how claims work in NSW.
This money comes in two main types: special damages and general damages. They each have a different job in the legal system. Special damages are for the specific costs people had because of the injury, like medical bills or lost wages.
General damages are for the hard things to put a price on like the pain and suffering someone went through. General damages can include things like post-traumatic stress disorder and emotional distress. Both of these types of money are important to make sure people get treated fairly when they’re hurt.
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This article will break down and make clear to you what special damages might look like in a personal injury claim. Remember if you are an injured person, or are looking for a personal injury lawyer, reach out to Jameson Law today. Schedule a free consultation for guidance on special damages. We are here to fight for your successful claim. Start with our Personal Injury page or contact Jameson Law.
Different types of special damages
Special damages, which are also known as economic damages, are all about the specific and countable money losses in personal injury cases. Generally speaking, these personal injury cases come as a result of someone being injured or being part of a workplace accident.
Personal injury damages are meant to repay the injured person for the real expenses they’ve had to pay because of what happened. In New South Wales, they are regulated under the Civil Liability Act 2002 (NSW). The main idea behind special damages is to make sure that, at least in terms of money, the injured person is put back in the same financial situation they were in before the injury.
Special damages cover different things, these include:
Medical Expenses:
This is one of the most common parts of special damages. It includes all the money spent on medical treatment like doctor visits, surgeries, hospital stays, prescription drugs, physical therapy, and any other medical treatment needed because of the injury. You might have had to pay these past medical expenses, and there is a good chance these medical expenses were not cheap. For motor accident treatment and support, see SIRA motor crash compensation.
It is important to be able to recover the money back for medical costs that you need to. These expenses can add up quickly so seeking compensation is important. It is also possible, in some cases, to seek compensation for future medical expenses.
Loss of Earnings:
Special damages also consider the money that the person couldn’t earn due to the injury. This includes both lost wages already faced and future loss. If someone must take time off work to recover or cannot work as they did before, the wages they couldn’t earn are included as special damages.
Property Damage:
In cases where the injury results in damage to the injured person’s property, like their car in a car accident, special damages can cover the cost of fixing or replacing the property. This ensures the person is not left out of pocket to restore their property to its pre-accident condition.
Travel Expenses:
If the injury requires frequent travel for medical appointments, the expenses associated with transport, parking and other travel-related costs can be part of special damages.
Assistive Devices:
Special damages may also cover the costs of devices that assist the injured person, such as wheelchairs, crutches or home modifications.
Care and Assistance:
If extra care is required with daily activities, the cost of those services may be included, such as in-home care or nursing. For work injuries, see SIRA workers compensation.
Loss of Future Earning Capacity:
If the injury has a long-lasting effect on earning capacity, this can be included. It is especially relevant when the injury affects a person’s career or job prospects.
Other Out-of-Pocket Expenses:
Special damages can include any other costs directly linked to the injury, such as therapy, job retraining or necessary home changes.
What sets special damages apart is that they can be counted and are backed by bills, receipts and medical records. The goal is to fully compensate the person for their actual financial losses. If you need help documenting losses, speak with our team at Jameson Law.
In a nutshell…
Special damages, or economic damages, cover the real money losses caused by an injury or accident. They include medical bills, lost income, property damage, travel costs, assistive devices and care expenses. If the injury affects future earnings or results in other costs, these can be part of special damages too. These damages aim to make sure you’re financially okay after an injury, backed by evidence like bills and receipts.
What are general damages compared to special damages in personal injury cases?
General damages, also known as non-economic damages, are about the hard things to price, like pain and suffering, loss of enjoyment of life and emotional distress. See the Judicial Commission’s Civil Trials Bench Book for guidance used by courts.
Unlike special damages, general damages do not have a neat dollar figure. They recognise the human impact of injury. A skilled personal injury lawyer can help present this part of a claim. Start with our Personal Injury page.
Speak to a lawyer today
Looking for reliable legal support for your personal injury case? Jameson Law can help you navigate the process while you focus on recovery. Contact us for a free consultation. Call (02) 8806 0866 or contact Jameson Law.
Case Study
In a shopping mall in New South Wales, Maria experienced a slip and fall accident due to a wet floor with no warning signs. She suffered a broken wrist, substantial medical expenses and loss of income during recovery.
Special Damages:
- Medical Expenses: emergency care, X-rays and a cast documented and itemised.
- Loss of Earnings: time off work as a part-time nurse with payslips and employer confirmation.
- Rehabilitation Costs: physiotherapy and related expenses.
- Travel Expenses: transport and parking for treatment and therapy sessions.
Maria was awarded $40,000 to cover medical, earnings, rehab and travel. For motor claims, SIRA provides individuals and families guidance.
How are special damages calculated in personal injury claims?
In NSW, special damages focus on the specific money you lost due to an injury. Gather proof of medical bills, repair invoices, travel costs and income you could not earn. Keep records of pre-injury earnings and time off work. If you need rehab or care, keep those receipts too. Our team can help with evidence and strategy. Start here: Jameson Law – Personal Injury.
What are the special damages in a personal injury claim?
The special damages claim covers prescription costs, travel costs and wage loss where applicable. If injuries affected your job, lost income can be included. Learn more about what you can claim under motor accident schemes on SIRA guides and resources.
FAQs
What is the difference between ordinary damages and special damages?
Special damages compensate for specific, quantifiable losses like medical bills and lost income. General damages cover non-economic loss like pain and suffering and emotional distress.
How high can special damages compensation go?
There is no fixed statutory cap on special damages in NSW. The amount depends on verifiable financial losses in each case and the governing law, including the Civil Liability Act 2002 (NSW).
