LEGAL GUIDE · ENGLAND & WALES
When you make a personal injury claim in England and Wales, your compensation is not calculated as a single lump sum pulled from thin air. It is made up of two distinct categories — general damages and special damages — each covering a different type of loss.
Understanding the difference helps you appreciate what you are entitled to claim for, and why your final award may be higher than you expected.
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What Are General Damages?
General damages compensate you for the injury itself — for the pain, suffering and loss of amenity it has caused. Loss of amenity refers to the ways in which your injury has reduced your ability to enjoy ordinary life: not being able to play sport, look after your children, pursue hobbies, or carry out activities you could do before the accident.
General damages are sometimes called non-financial losses, because they compensate for experiences rather than money spent. They cannot be calculated from a bank statement or a payslip. Instead, they are assessed by reference to the Judicial College Guidelines, 18th edition (2026) for the Assessment of General Damages in Personal Injury Cases — now in its 18th edition (published April 2026) — which sets out the compensation bracket that courts apply to different injury types and severities across England and Wales.
How Are General Damages Calculated?
Your solicitor will obtain an independent medical report from a qualified expert who assesses the nature and severity of your injury, its expected recovery time, any permanent consequences and the effect on your daily life. That report is then cross-referenced with the Judicial College Guidelines, 18th edition (2026) to identify the appropriate compensation bracket.
Two people with identical injuries may receive different general damages awards if the impact on their individual life differs. A professional musician who loses partial movement in their hand may receive a higher general damages award than someone in a different occupation — because the loss of amenity is greater.
General Damages Examples (Judicial College Guidelines, 18th edition (2026))
| Injury Type | Severity | Indicative Range |
|---|---|---|
| Neck injury | Minor (full recovery within 2 years) | Up to £10,420 |
| Neck injury | Moderate | £10,420 to £50,850 |
| Back injury | Minor | Up to £16,520 |
| Back injury | Moderate | £16,520 to £51,230 |
| Knee injury | Minor to moderate | Up to £34,600 |
| Psychiatric injury | Moderate | £7,740 to £25,190 |
| Brain injury | Moderate | £56,890 to £289,420 |
| Loss of hand | One hand | £127,050 to £144,860 |
These figures reflect general damages only. Your total award will also include special damages, which are calculated separately.
Important: The Judicial College Guidelines, 18th edition (2026) were updated in April 2026 (18th edition) following previous inflationary increases. Always ensure your solicitor is working from the most current edition when valuing your claim.
What Are Special Damages?
Special damages compensate you for the actual financial losses and expenses that your injury has caused. Unlike general damages, these can be itemised and calculated precisely — which is why keeping receipts, records and documentation matters enormously from the moment of your accident onwards.
Special damages are designed to put you back in the financial position you would have been in had the accident never happened. They cover both losses you have already incurred and losses you are likely to suffer in the future.
What Can Be Claimed as Special Damages?
- Loss of earnings (past): Any wages, salary, self-employment income or bonuses you have already lost because of your injury — from the date of the accident to the date of settlement.
- Loss of earnings (future): If your injury affects your ability to work long-term or permanently, you can claim for projected future income losses. Future losses are turned into a lump sum using the Ogden tables and the personal injury discount rate, set at 0.5% in England and Wales from 11 January 2025.
- Medical treatment and rehabilitation costs: Private physiotherapy, counselling, specialist consultations, prescription charges, medical equipment and any future treatment you are likely to need.
- Care and assistance: If family members have had to provide you with care, or you have needed to pay for professional care, these costs are recoverable — even if the care was provided informally by a loved one.
- Travel expenses: Costs of travelling to medical appointments, solicitor meetings or court hearings arising from the claim.
- Home and vehicle adaptations: Modifications required because of your injury — such as wheelchair access ramps, stair lifts or hand controls for a vehicle.
- Damaged property: Clothing, equipment or personal property damaged in the accident.
- Other out-of-pocket expenses: Any other financial loss directly caused by the accident and provable by evidence.
Why Keeping Records Matters
Special damages are only recoverable if they can be evidenced. From the moment of your accident, keep a folder — physical or digital — containing all receipts, payslips, bank statements, invoices and medical correspondence. If you needed to take unpaid time off work, ask your employer for a letter confirming your lost earnings. If a family member has provided care, keep a diary of the time and tasks involved.
Your solicitor will help you identify every head of loss that applies to your situation, but the evidence you preserve yourself in the early stages makes this process significantly more straightforward.
How General and Special Damages Work Together
Your total compensation award is the sum of both categories. A straightforward example:
| Component | Description | Amount (example) |
|---|---|---|
| General damages | Moderate back injury — pain, suffering, restricted movement for 18 months | £16,000 |
| Special damages — lost earnings | 8 weeks off work at £450/week net | £3,600 |
| Special damages — treatment | Physiotherapy (12 sessions) and prescription costs | £980 |
| Special damages — travel | Travel to 8 medical appointments | £240 |
| Total award | £20,820 |
In serious injury cases, special damages — particularly future loss of earnings and long-term care costs — can dwarf the general damages award. In our £3.7 million settlement for a warehouse worker who suffered catastrophic injuries, the vast majority of the award was special damages reflecting decades of lost earnings and a lifetime of care provision.
What You Cannot Claim For
Compensation is designed to restore you to your pre-accident position — not to put you in a better position than before. You cannot claim for losses that are not caused by the accident, losses that are not supported by evidence, or speculative future losses without a medical or actuarial basis. Your solicitor will ensure your claim is structured properly and does not include heads of loss that a defendant could successfully challenge.
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Frequently Asked Questions
Can I claim for general and special damages at the same time?
Yes — most personal injury claims include both. General damages for the injury itself and special damages for financial losses are claimed together in a single case. Your solicitor will value both components and present them as part of one overall claim.
What if I do not have receipts for everything?
Some losses can be evidenced by other means — bank statements, employer letters, diary entries for care provided. Speak to your solicitor about what evidence you have and they will advise on what is recoverable. Do not assume a loss is unclaimed just because you lack a receipt.
Are future losses speculative — can I really claim for things that have not happened yet?
Yes. Future losses are a well-established part of personal injury claims in England and Wales. They must be based on medical evidence (confirming the lasting impact of your injury) and, for large future earnings claims, actuarial evidence. Courts use the Ogden Tables to calculate them consistently and fairly.
Does No Win No Fee cover both types of damages?
Yes. A Conditional Fee Agreement covers the pursuit of your entire claim — both general and special damages. The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.
This article is for general information purposes only and does not constitute legal advice. It applies to the law of England and Wales as at June 2026. For advice specific to your circumstances, please contact NJS Law directly. Compensation figures are taken from the Judicial College Guidelines, 18th edition (2026) and are subject to change.
For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s personal injury claims service page.
Thinking about a claim? Read about Personal injury claims and how No Win No Fee works, or send us your enquiry.