Heads of Damages
The heads of damages you may be able to claim are separated in to two categories; General Damages and Special Damages.
General Damages are essentially your claim for pain, suffering and loss of amenity. To successfully make a claim for your pain, suffering and loss of amenity you need to provide evidence that you have been injured as a result of the accident and the effect this has had on you.
During the claim process we will arrange for you to be examined by an independent medical expert to assess the nature and extent of the injuries you sustained as a result of the index accident. The expert will prepare a medico-legal report detailing your injuries and outline his diagnosis, opinion and prognosis. This report will form the basis of your claim for personal injury.
Special Damages are essentially the financial losses you have incurred as a result of the accident and injuries sustained. Again the onus is on you to prove any such financial loss and the fact the loss has been reasonably incurred as a result of the index accident and injuries.
To successfully recover your financial losses, you need to be able to provide proof of the loss incurred. It is therefore important that you keep a careful note of any expenses you are incurring and in particular obtain documentary proof of the item concerned.
Duty to Mitigate Your Losses
Everyone who makes a claim against another party is under a duty to mitigate their losses. You must take reasonable measures to limit your additional losses. You should treat your losses and expenses as though they were coming out of your own pocket with no guarantee of recovery.