Past expenses and losses

Common recoverable losses

A claimant is entitled to recover all expenses and losses reasonably incurred as a result of their injuries plus interest. Common losses include various heads under general damages such as:

  1. pain and suffering or loss of amenity

  2. loss of congenial employment

  3. Smith v Manchester awards

Common special damages (past pecuniary loss) include:

  1. loss of earnings

  2. treatment costs

  3. care and assistance

  4. accommodation or adaptation costs

The claimant may also be able to claim the cost of travel, damaged clothing, spoilt holidays, divorce, property damage (including motor vehicle damage) and postage, telephone calls etc.

For more detailed definitions of general and special damages, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages?—terminology explained.

For further guidance and a quick guide to calculating past and future recoverable losses, see Practice Notes: Common recoverable losses in personal injury cases and Interest on general damages, special damages and judgment debt.

Loss of earnings

A claimant is entitled, subject to evidence in support, to recover their net loss of earnings.

The

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