What compensation for personal injury actually covers
Introduction
Compensation in a personal injury claim has two components, and they are assessed on entirely different principles. General damages compensate for the injury itself: the pain, the suffering, the loss of the ability to enjoy life. Special damages compensate for the financial losses the injury has caused: the money spent and the money not earned.
Injured persons frequently focus on the first and underestimate the second. In many claims, and in almost every serious one, it is the special damages that make up the greater part of the award. This guide explains how each is assessed and what evidence each requires.
The Law
General damages are assessed by reference to the Personal Injuries Guidelines adopted by the Judicial Council in 2021, which the Supreme Court confirmed in Delaney v Personal Injuries Assessment Board [2024] IESC 10 are binding. The Guidelines set out brackets of compensation for injuries organised by body part and by severity, from minor injuries that resolve within months to catastrophic injuries at the ceiling of €550,000. A court or the Injuries Resolution Board identifies the category into which the injury falls and places it within the range according to its severity, duration and effect on the particular person. Psychiatric injury and scarring are separately provided for. Where there are multiple injuries the most significant is valued and an adjustment made for the others. General damages cover both past and future pain and suffering and loss of amenity; they do not compensate for the frightening nature of the accident as such, nor for distress falling short of psychiatric injury.
Special damages are not subject to the Guidelines and are not capped. They are awarded for every financial loss that the plaintiff proves was caused by the injury. Past losses are proved by documents: medical, hospital and pharmacy bills, physiotherapy and other treatment costs, travel to appointments, the cost of care provided by professionals or by family members, damage to property, and loss of earnings established by payslips or accounts. Future losses, including future loss of earnings, future treatment and future care, are proved by expert evidence and, in the case of long-term loss, are converted to a lump sum using the discount rate set in Russell v Health Service Executive. In catastrophic cases the cost of future care may run to millions of euro and may be met by a periodic payments order rather than a lump sum.
Certain State benefits received during the period of loss are recoverable by the Department of Social Protection from the compensation attributable to loss of earnings, and the award is calculated net of them. The plaintiff is under a duty to mitigate loss, and will not be compensated for earnings that could reasonably have been earned or treatment that was unreasonably refused.
Practical Steps
For general damages, the evidence is medical. The treating doctor’s report should describe the injury in terms that allow it to be placed within the Guidelines: the diagnosis, the treatment, the duration of symptoms, the residual disability and the prognosis. An injured person should tell their doctors about every symptom, physical and psychological, and about the effect of the injury on work, sleep, sport, hobbies and family life, so that those effects appear in the notes.
For special damages, the evidence is documentary, and it must be kept from the day of the accident. Every receipt, invoice, prescription and parking ticket should be retained. Mileage to appointments should be logged. Where a family member provides care, the hours should be recorded. Payslips for a period before the accident and for the period of absence should be kept, and any overtime, bonus or promotion foregone noted. Self-employed persons should retain accounts, invoices and tax returns.
Future losses need expert evidence: a vocational assessment where the plaintiff cannot return to previous work, an occupational therapist’s report on care and equipment needs, and in catastrophic cases an actuarial calculation. These reports should be commissioned before the claim is valued, not after.
Takeaway
General damages are fixed within a narrow range by the Guidelines, and the scope for argument is confined to the correct category and the correct point within it. Special damages are limited only by proof.
That asymmetry should shape how a claim is prepared. The injury will be valued by the Guidelines whatever the plaintiff does. The financial loss will be recovered only to the extent that it is documented, and a plaintiff who has kept every record from the first week has, in practical terms, written the larger part of their own award.
Further information
This article was prepared for informational purposes only. For further advice, please email workclaim@crushell.ie or contact the offices of Crushell & Co Solicitors.
About Crushell & Co
Crushell & Co is a specialist firm advising on the application of law in the Irish workplace.
Our Dublin-based solicitors have particular expertise in workplace injury litigation, regularly acting on behalf of employees who have suffered injuries arising from unsafe systems of work, inadequate training, or failures in workplace safety procedures.
We understand that a workplace injury can have serious consequences for an individual’s health, livelihood, and financial security. We work closely with our clients to identify the root causes of workplace accidents, gather the necessary evidence, and advance strong, well-supported claims for compensation.
We are experienced in pursuing workplace injury claims through the Courts and achieving meaningful outcomes for injured workers, while providing clear and practical guidance at every stage of the process.
We translate complex legal issues into practical legal options, adapting our strategy to meet each client’s specific circumstances and objectives.
Connect: @CrushellLaw or www.crushell.ie
