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.
Want to know what your specific claim could be worth?
Get a free, no-obligation assessment from our personal injury team.
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 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.
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 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.
| Injury Type | Severity | Indicative Range |
|---|---|---|
| Neck injury | Minor (full recovery within 2 years) | Up to £7,890 |
| Neck injury | Moderate | £7,890 – £38,490 |
| Back injury | Minor | Up to £12,510 |
| Back injury | Moderate | £12,510 – £38,780 |
| Knee injury | Minor to moderate | £14,840 – £26,190 |
| Psychiatric injury | Moderate | £5,860 – £19,070 |
| Brain injury | Moderate | £43,060 – £219,070 |
| Loss of hand | One hand | £96,670 – £109,650 |
These figures reflect general damages only. Your total award will also include special damages, which are calculated separately.
Important: The Judicial College Guidelines 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.
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.
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.
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.
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.
Speak to a specialist solicitor today
Free, confidential, no obligation
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.
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.
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.
Yes. A Conditional Fee Agreement covers the pursuit of your entire claim — both general and special damages. Your solicitor’s success fee is calculated as a percentage of the total award, subject to the 25% cap on certain elements.
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, April 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.
Get in touch using the form below or via the following methods:
