When you are injured in an accident that was not your fault, the financial cost can build quickly. Hospital visits, medication, travel to appointments, time off work, and the everyday help you may need during recovery all carry a real cost. In a personal injury claim, these financial losses are known as special damages. They are separate from the compensation you may receive for pain and suffering (which is called general damages), and they cover the actual money you have spent, or will need to spend, because of your injury. At Michael Boylan Litigation, we work closely with each client to identify, document, and recover every category of special damages, so that you are not left out of pocket.
What Are Special Damages?
Special damages are the measurable financial losses you have incurred, or will incur in the future, as a direct result of your accident and injuries. Unlike general damages, which compensate for pain and suffering, special damages can be calculated in precise monetary terms. They are sometimes referred to as out-of-pocket expenses.
To recover special damages, you must be able to prove the loss with supporting documentation such as receipts, invoices, or confirmation from your employer. This is a standard requirement in all personal injury claims in Ireland, whether your claim is assessed by the Injuries Resolution Board or proceeds to court.
Special damages typically fall into several key categories, each of which is explained in detail below.
Medical Bills and Treatment Costs
Medical expenses often make up a significant portion of special damages. You are entitled to claim back the cost of all reasonable and necessary medical treatment that you have received, or will need in the future, as a result of your injury.
This includes:
Hospital charges: Inpatient stays, emergency department visits, and day procedures.
Consultant and specialist fees: Appointments with orthopaedic surgeons, neurologists, or other specialists relevant to your injury.
Diagnostic tests: X-rays, MRI scans (a type of detailed body scan), CT scans, and blood tests.
Physiotherapy: Sessions to restore movement, strength, and function after an injury. Physiotherapy is one of the most commonly claimed medical expenses.
Medication and prescriptions: The cost of painkillers, anti-inflammatory medication, and any other drugs prescribed as part of your treatment.
Psychological treatment: Counselling or therapy for conditions such as anxiety, depression, or post-traumatic stress that developed as a result of the accident.
Dental treatment: If your teeth or jaw were damaged in the accident.
If you hold private health insurance, the costs paid by your insurer are still included in your special damages claim. Your insurer is then reimbursed from the compensation. This means your insurance policy is not left covering costs that should be borne by the party responsible for your injury.
Future medical expenses can also be claimed. If your injuries require ongoing treatment, your solicitor will work with medical professionals to estimate the cost of future care and include this in your claim.
Travel Expenses
Attending medical appointments, hospital visits, and rehabilitation sessions often involves significant travel costs, particularly if you need specialist treatment that is not available locally. These costs are recoverable as special damages.
Travel expenses you can claim include:
Mileage: If you or a family member drives you to appointments, the cost of fuel and mileage can be claimed.
Taxi fares: Where you are unable to drive or use public transport because of your injury.
Public transport costs: Bus, train, or tram fares to and from treatment.
Parking charges: Hospital and clinic car parking fees.
Accommodation: In some cases, if you need to travel a long distance for specialist treatment, reasonable overnight accommodation costs may be recoverable.
It is helpful to keep a log of every journey you make for medical treatment, including the date, destination, and cost. Receipts and bank statements are the most straightforward way to prove these expenses.
Care and Assistance
After an accident, you may need help with everyday tasks that you could previously manage on your own. This could range from assistance with personal care (such as washing and dressing) to help around the house (such as cooking, cleaning, or looking after children). The cost of this care is recoverable as special damages.
There are two main types of care that can be claimed:
Professional care: If you hire a carer, home help, or nursing professional, their fees are claimable. This is common in cases involving more serious injuries where a period of dedicated care is needed.
Gratuitous care: This is unpaid help provided by family members or friends. Even though no money changes hands, the courts in Ireland recognise that this care has a real value. Your solicitor can include a claim for gratuitous care, calculated by reference to what it would cost to hire a professional to provide the same level of assistance.
In cases involving serious or life-changing injuries, such as spinal cord injuries or acquired brain injuries, the cost of long-term or permanent care can be substantial. This may include 24-hour nursing care, and your solicitor will engage care experts to assess your needs and calculate the future cost of care over your lifetime.
Aids, Appliances and Home Adaptations
If your injury affects your mobility or ability to live independently, you may need specialist equipment or changes to your home. These costs are part of your special damages claim.
Examples include:
Mobility aids: Wheelchairs, crutches, walking frames, or mobility scooters.
Medical devices: Prosthetic limbs (artificial replacements for lost limbs), orthotic supports (devices that support or correct the function of a joint), or hearing aids.
Assistive technology: Specialist computer equipment, voice-activated devices, or communication aids.
Home adaptations: Widening doorways, installing ramps, stairlifts, wet rooms (a fully waterproofed bathroom with level-access showering), or ground-floor extensions to accommodate wheelchair access.
Vehicle adaptations: Modifications to a car to allow you to drive or travel as a passenger with a disability.
In claims involving serious injuries, the cost of aids, appliances, and adaptations can form a very significant part of the overall special damages. Your solicitor will work with occupational therapists (professionals who assess how an injury affects daily living) and other experts to ensure that every current and future need is properly identified and costed.
Past and Future Special Damages
Special damages are divided into two categories:
Past special damages: These are the financial losses you have already incurred between the date of your accident and the date your claim is assessed or heard in court. They are calculated by adding up receipts, invoices, and documented expenses.
Future special damages: These are the financial losses you are likely to incur in the future as a result of your injury. Future medical treatment, ongoing care needs, replacement of aids and appliances, and continued travel costs all fall under this heading.
Calculating future special damages requires expert evidence. Your solicitor may instruct medical consultants, care experts, and actuaries (professionals who calculate financial projections) to provide reports estimating the lifetime cost of your future needs. This is particularly important in claims involving serious injuries where the long-term financial impact is significant.
Keeping Records to Support Your Claim
Strong documentation is essential to recovering special damages. The more organised your records, the easier it is for your solicitor to prove each item of loss.
Key records to keep include:
All medical receipts and invoices: Hospital bills, physiotherapy receipts, pharmacy receipts, and consultant fees.
Travel records: A log of journeys for medical appointments, including dates, distances, and costs. Keep taxi receipts and parking tickets.
Proof of care costs: Invoices from professional carers or a written record of the hours of help provided by family members.
Receipts for aids and equipment: Any mobility aids, medical devices, or home adaptation costs.
Bank and credit card statements: These can support your claim where individual receipts are unavailable.
Employer confirmation: A letter or payslips confirming any time you have taken off work due to your injury, if relevant.
Your solicitor will review this documentation with you and ensure that nothing is overlooked.
Frequently Asked Questions
What is the difference between special damages and general damages?
Special damages cover your measurable financial losses: medical bills, travel costs, care expenses, aids and appliances, and loss of earnings. General damages compensate for pain, suffering, and loss of enjoyment of life, which are assessed using the Judicial Council Personal Injuries Guidelines. Both are claimed together in a personal injury case, but they are calculated differently.
Can I claim for care provided by a family member?
Yes. The courts in Ireland recognise that unpaid care provided by family or friends (known as gratuitous care) has a real financial value. Your solicitor can include a claim for this care, calculated by reference to what it would cost to hire a professional to provide the same help.
Do I need to keep every receipt?
It is strongly recommended. Receipts, invoices, and bank statements are the primary way to prove your special damages. If you are unsure whether a particular expense is relevant, keep the receipt and discuss it with your solicitor. It is always better to have documentation and not need it than the other way around.
What if I need ongoing treatment or care in the future?
Future special damages are included in your claim. Your solicitor will work with medical and care experts to estimate the cost of future treatment, care, aids, and any other needs arising from your injury. This ensures that your compensation reflects not just what you have already spent, but what you will need going forward.
How does private health insurance affect my claim?
If your health insurer has covered medical costs related to your injury, those costs are still included in your special damages claim. The insurer is then reimbursed from the compensation. Your policy is not expected to absorb costs that should be met by the party responsible for your accident.
Get in Touch
At Michael Boylan Litigation, we understand that the financial burden of an injury can be just as overwhelming as the physical recovery. We take the time to understand your individual circumstances, work with medical and care experts where needed, and handle the detailed work of building your special damages claim.
If you have been injured and would like to discuss your situation, please contact us today. We are here to help.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Social Welfare and Your Claim
If you have received social welfare payments such as Illness Benefit or Injury Benefit while you were unable to work, these payments may be taken into account when calculating your special damages. The Department of Social Protection can seek to recover certain payments from your compensation through a process known as recovery of benefits. Your solicitor will factor this into the calculation of your claim to ensure you understand how it affects your overall award.