Compensation

What can be claimed?

There are two types of compensation: Special Damages and General Damages.

Special Damages
These are expenses and losses related to the accident that were generated between the accident and the date of the trial (or settlement). These are normally proven by documentary evidence such as estimates, invoices, receipts and statements.

Types of special damages:

For further explanation, see the Special Damages page for more information.

General Damages
This is made of up two elements:
Duty to mitigate losses

An injured person, has a legal duty to take reasonable steps to minimise the damage he or she has suffered. For example, a client is expected to undergo all reasonable recommended treatment that is expected to benefit the injury. They are also expected to return to work as soon as he or she is capable. Failure to take these steps may mean that a proportion of the damages may be deemed ‘irrecoverable’.