Special damages in a personal injury claim can vary massively depending on the specifics of each case. There are standard items to claim such as loss of earnings and travel expenses, which are fairly common. However, there can be others such as the loss of a holiday or a gym membership fee which can also be recovered if they apply to the case.
We acted for a client recently and recovered his monthly golf membership fees for the period he was injured and unable to attend the course. This was a pedestrian accident claim – our client was walking along a footpath when a car passed too close and hit his back with the wing mirror. He was pushed forward into a fence and sustained back injuries as a result of the impact.
Liability was admitted for the accident shortly after the claim was submitted. This can cut down on the overall length of a personal injury claim as a large amount of time can be spent on proving liability for an accident.
Claim for membership fee
The special damages in this particular claim included the golf membership fees which he had to pay despite being unable to use the course. This element of his pedestrian accident claim was agreed with the insurer and paid out in full. Our self-employed client also received a payment in respect of his loss of earnings
No expense incurred or ‘loss of enjoyment’ suffered should be left out when discussing your personal injury claim with an expert solicitor. Many people would think that they can’t claim for things like gym membership fees if they aren’t able to attend as a result of an accident. This is untrue and you’ll only find out if you can claim by asking an expert!