What Are General Damages?

General damages are a type of monetary award paid out in compensation claims to account for an individual’s physical and psychological pain and suffering resulting from a third party’s negligent conduct. This head of loss can be awarded in successful personal injury claims, such as accidents at work, on roads and in public places. In addition to being an award for your pain and suffering, general damages can also compensate for your loss of amenity, which relates to your inability to enjoy hobbies like you used to.

At Compensation Calculator UK, our advisory team is dedicated to providing a personalised service to people just like you. Not only can they provide clear answers to your questions, but they can also conduct a free initial consultation. Following this, you can be connected with one of the expert No Win No Fee solicitors from our panel to start your compensation claim.

To learn more about general damages or other legal definitions, please don’t hesitate to have a chat today.

Frequently Asked Questions

1. How Is The Value Of General Damages Determined?
2. What Factors Might Impact The General Damages Awarded?
3. Will I Need To Prove The Harm Caused To Claim General Damages?
4. How Can A Solicitor Help Me Claim General Damages?
5. Can I Claim For General Damages On A No Win No Fee Basis?
6. More Information

How Is The Value Of General Damages Determined?

The value of general damages is determined by a solicitor assessing the severity of a claimant’s injuries, the extent of the physical and psychological harm, and the broader impact on daily life. Your solicitor may assess this head of claim by using a copy of the Judicial College Guidelines (JCG), as this publication contains suggested brackets of compensation for many injuries. These are categorised by type and level of severity, e.g., ‘moderate’, ‘minor’, ‘severe’ and ‘serious.’

Please note that none of the brackets listed by the JCG represent a guarantee of personal injury compensation. Moreover, the JCG sources its information from claims made in England and Wales.

To get further guidance about the JCG and how your injuries might be valued, please contact our advisory team today.

What Factors Might Impact The General Damages Awarded?

Your level of pain, recovery time, and the long-term effects of your injuries are among the more common factors that might affect the general damages awarded in a successful claim. Other considerations which might influence any payout under this head of claim include:

• The type of injury you sustained
• The severity of your injuries
• Your prognosis
• Whether you suffered multiple injuries
• What treatments you have received or might need
• The impact on your quality of life

Having a pre-existing condition can also potentially impact how general damages are valued. Whilst you cannot claim for a pre-existing condition, you can seek compensation if a third party’s negligent conduct caused it to worsen. For instance, say you had arthritis prior to being involved in a road traffic collision as a pedestrian. In this scenario, you might be able to claim if the accident exacerbated or accelerated the condition, such as through an acute flare-up, severe stiffness, and swelling.

What If I Contributed To My Accident Or Injury?

If you contributed to your accident or injury, you may still be able to claim compensation, but any payout under general damages may be adjusted to reflect your share of responsibility.  In such circumstances, compensation can be awarded on a split liability or contributory negligence basis. These apply in specific scenarios:

• Split liability may be applied if you were partly at fault for an accident, such as by failing to indicate at a junction before being hit by another car trying to recklessly overtake you.
• Contributory negligence might be applicable if you contributed to your injury.  For instance, it would be argued that your injury might not have been as severe had you been wearing a seatbelt at the time you were hit by a speeding car.

In either case, your compensation may be adjusted to reflect the portion of blame you share with a negligent third party. To illustrate, if you are found to be 30% responsible for an accident, you would be awarded 70% of the total compensation you would have otherwise received.

Our advisors are available 24/7 if you’d like to discuss general damages or find out if you can pursue a claim with a pre-existing condition.

Will I Need To Prove The Harm Caused To Claim General Damages?

Yes, you will need to prove the harm caused by a negligent third party to claim general damages by supplying evidence, such as a copy of an accident book report or your medical records. Additionally, solicitors often use medical evidence to inform their calculations when valuing this part of a compensation payout.

Please see the following forms of evidence you could provide:

• A copy of your medical records to verify the injuries you suffered
• CCTV or dashcam footage. You have a legal right to request CCTV footage of yourself.
• Photographs or videos of visual injuries and the accident scene
• Contact details of witnesses who can provide supporting statements to a solicitor

Following a successful case check, our panel of solicitors could start to gather evidence on your behalf. To learn more about how to prove the injuries you suffered, please see our dedicated evidence guide.

To learn more about the different types of evidence you could provide, please contact our advisors to receive tailored guidance.

How Can A Solicitor Help Me Claim General Damages?

A solicitor from our panel can help you claim general damages by valuing your injuries, gathering strong evidence, and handling all legal paperwork. Further to this, your solicitor can use their expertise to negotiate a settlement that is reflective ofthe extent of harm you suffered.

If you’re connected with one of the expert No Win No Fee solicitors from our panel, they will work tirelessly to create as supportive an environment as possible throughout the claims process. That may involve:

• Regular claim updates so you always know where your case stands during the process
• Putting you in contact with rehabilitation specialists to assist your long-term recovery, such as physiotherapists and counsellors
• Arranging an independent medical assessment to produce an expert report to document your injuries
• Explanations of legal jargon to provide clarity on the claims process
• Professional representation in all case-related communications that always emphasises your best interests

To learn more about how a solicitor could help you, please get in touch with our friendly advisory team today.

Can I Claim For General Damages On A No Win No Fee Basis?

Yes, you could claim for general damages on a No Win No Fee basis if you’re connected with one of the dedicated and highly experienced solicitors from our panel. Operating under a Conditional Fee Agreement (CFA), the skilled solicitors from our panel provide a compassionate and comprehensive service without charging any service fees at various stages of the claims process:

• No solicitor service fees before starting a claim
• No service fees at any other stage of your claim
• No service fees if a claim is unsuccessful

You will pay a success fee to your solicitor if they secure compensation. This is taken as a legally capped percentage of the compensation, ensuring the biggest share stays with you.

Contact Our Advisors

For further information about general damages and how they’re calculated, get in touch with our advisors today. They can also offer a free consultation to help determine if you can claim, but there is no obligation to proceed. You can chat with an advisor 24/7 by:

• Calling us on 0800 408 7826
• Contacting us by filling out our online form
• Using our free live chat feature

More Information

For more information about the legal process, please see our other glossary guides:

• Get help with the personal injury limitation period
• Learn about receiving interim payments
• See the following advice on how to claim as a litigation friend

Additional external resources:

• Learn about claiming compensation after an accident or injury with Gov.UK
• See the advice on when to call 999 from the NHS
• Get help with reporting an incident from the Health and Safety Executive

Thank you for reading our dedicated glossary page about general damages.