Learn If You Could Receive Special Damages For Your Medical Negligence Claim

If you’ve experienced unnecessary harm due to negligent medical care, you may be entitled to claim compensation. But did you know that your compensation can be made up of two types of damages: general and special damages? In this guide, we’ll focus on special damages in medical negligence claims, explaining exactly what they are, how they’re calculated, and why they matter.

Special damages are a crucial part of any successful medical negligence claim. They aim to return you, as far as possible, to the financial position you were in before the negligence occurred. These damages cover tangible losses — from lost earnings to medical expenses, travel costs, and the cost of care. Understanding these can significantly improve your claim’s value.

At Medical Negligence Solicitors UK Co, our dedicated solicitors have years of experience in clinical negligence claims. We provide expert support under a No Win No Fee agreement to help you secure the compensation you deserve. If you’ve suffered from negligent care, we’re here to guide you.

Contact Us

Start your journey towards financial recovery today. Contact our team of helpful advisors now by:

A woman sits in a hospital bed and looks out the window

Frequently Asked Questions

  1. What Are Special Damages In Medical Negligence Claims?
  2. Can I Apply For Interim Payments?
  3. How Long Do I Have To Claim Medical Negligence Special Damages?
  4. What Evidence Will I Need For Special Damages Compensation?
  5. The Benefits Of Claiming Special Damages With A Medical Negligence Solicitor
  6. Learn More

What Are Special Damages In Medical Negligence Claims?

In any medical negligence compensation claim, damages are divided into general damages and special damages. While general damages compensate for pain, suffering, and loss of amenity (e.g. being unable to participate in your usual hobbies), special damages in medical negligence claims focus on the specific financial losses you have suffered as a direct result of the medical negligence.

Special damages cover the measurable financial impact of the harm you have suffered, including lost income, treatment costs, travel expenses, and any other out-of-pocket costs incurred due to the negligent care. These damages can be awarded to cover both past and future losses.

These costs must be a direct result of the negligence, whether that be surgical errors, birth injuries, or hospital-acquired infections, and backed by clear evidence such as invoices, receipts, or pay slips. Calculating special damages accurately can significantly increase the overall value of your medical negligence claim.

Need help understanding your special damages? Contact our team of helpful advisors today.

Loss Of Earnings

Lost wages are one of the most common types of special damages. These can include:

  • Loss of earnings due to time off work
  • Future loss of earnings if you’re unable to return to work
  • Loss of bonuses, pension contributions, or other employment benefits

These losses are calculated based on your wage slips, tax records, and projected future earnings. Your solicitor will assess the severity of the harm you have suffered, the impact on your career, and use this to quantify your claim.

To assess your lost income and future losses, speak to our team of helpful advisors today.

Care Costs

If the physical harm you have suffered has left you needing assistance, you may be able to claim for care costs. This applies even if that care was provided by family or friends. These costs can include:

  • Professional carer fees
  • Time spent by unprofessional carers (family or friends)
  • Medication and related medical support

These costs must be incurred as a direct consequence of the negligence. The more serious injuries typically require long-term or even lifelong care, and the cost of such support can be substantial.

A black and gold gavel beside a pile of coins

Cost Of Rehabilitation

Rehabilitation expenses are also recoverable as special damages. These can include:

  • Physiotherapy
  • Occupational therapy
  • Counselling or psychological support
  • Private medical treatment not available through the NHS

Future rehabilitation costs can also be covered by special damages in medical negligence claims.

Adaptations For The Home

For those who have suffered more serious physical harm due to medical negligence, your home may require modifications. Special damages can include the cost of:

  • Stairlifts
  • Hoists
  • Wet rooms
  • Widened doorways
  • Grab rails

These adaptations aim to restore a degree of independence and improve your quality of life following injury.

Moving Home Costs

Sometimes, home adaptations are not feasible, and you may need to relocate. If the harm you have suffered forces you to move, you can claim for:

  • Estate agent fees
  • Legal fees
  • Stamp duty
  • Removal costs

These are considered reasonable expenses if the move was essential for accessibility and independence due to the medical negligence.

Travel Expenses

Travel expenses are another important part of special damages. These can include:

  • Petrol costs
  • Taxi fares
  • Parking charges at medical facilities
  • Public transport fares

You can claim these if the trips were made to receive treatment, attend medical assessments, or meet with your solicitor.

Want to learn more about special damages in medical negligence claims? You can contact our advisors.

A wooden gavel on top of money spread out across a table

Can I Apply For Interim Payments?

Yes. Interim payments are partial payments that are deducted from your final compensation payement and paid to you prior to your claim settling, which can help cover urgent costs like treatment, home adaptations, or living expenses.

It’s important to note that they are only awarded in cases that are deemed highly likely to succeed or where the defendant has admitted liability.

Your solicitor can apply for interim payments to relieve financial pressure while your claim is ongoing. This is particularly helpful in clinical negligence cases where the full value of damages may take time to calculate.

Ask our advisors how to apply for interim payments today.

How Long Do I Have To Claim Medical Negligence Special Damages?

Under the Limitation Act 1980, the general time limit for starting a medical negligence claim is 3 years. This is calculated from:

  • The date the negligence occurred, or
  • The date you became aware of the negligence (known as the ‘date of knowledge’)

There are exceptions for:

  • Children: If the injured person was under 18 at the time of the negligence, they are unable to make their own claim, and the 3-year time limit does not begin until their 18th birthday. This means they have until their 21st birthday to start a claim. A litigation friend can claim for them at any point up until they turn 18.
  • Mental capacity: If the individual lacks mental capacity to handle their legal affairs, the time limit is suspended unless capacity is regained. In this instance, the time limit will run from this recovery date. A litigation friend can claim on their behalf at any point while the time limit is suspended.

Acting within these time limits is essential to preserve your right to seek compensation.

Don’t miss the deadline — contact our advisors to start your claim today.

What Evidence Will I Need For Special Damages Compensation?

To succeed in recovering special damages, you must provide strong evidence that demonstrates your financial losses. Useful documents include:

  • Invoices and receipts
  • Bank statements
  • Wage slips and employment records
  • Expert medical reports (to prove what harm you suffered)
  • Care diaries or statements from family members

One of our solicitors could help you with gathering evidence to support your claim.

To learn more about what evidence you may need for special damages in medical negligence claims, you can contact our advisors.

The Benefits Of Claiming Special Damages With A Medical Negligence Solicitor

Working with a solicitor who specialises in clinical negligence gives you the best chance of recovering the full amount of special damages for your case. At Medical Negligence Solicitors UK Co, we:

  • Understand how to calculate both general and special damages
  • Can help you gather evidence to support your claim for both general and special damages
  • Offer guidance throughout the claims process
  • Offer to work with our clients on a No Win No Fee basis

One of the key advantages of working under a No Win No Fee agreement — the particular one our solicitors offer is known as a Conditional Fee Agreement (CFA) — is the reduced financial risk of hiring legal representation. With a CFA, you do not have to pay any solicitor service fees upfront. If your case does not succeed, you won’t have to pay your solicitor’s service fees at all. This makes it easier for people harmed by medical negligence to access legal representation, regardless of their current financial circumstances.

If your claim is a success, you will owe a success fee. Your solicitor will take this from your compensation as a percentage (which is capped by the law).

If you’re considering a medical negligence claim, don’t navigate the legal system alone. Our experienced solicitors work on a No Win No Fee basis, meaning there’s no financial risk to you when hiring representation.

We’ll guide you through the process of calculating and recovering special damages, helping you claim for everything from lost earnings to medical expenses, care costs, and more. With the right support, you can recover the money needed to rebuild your life.

Contact Our No Win No Fee Solicitors

Take the first step toward justice today. Contact our team of helpful advisors for a free consultation by:

A medical negligence claims solicitor sitting behind a desk with scales and agav

Learn More

For more helpful medical negligence guides:

Or, to learn more about the medical negligence claims process:

Thank you for reading our guide on special damages in medical negligence claims.