Successful limitation of special damages

Rachel represented the Defendant at the final hearing of a personal injury claim where liability had been admitted and the award of damages needed to be decided by the Judge.

The Claimant had claimed special damages for alleged losses including the cost of attending the medical expert appointments and general expenses. General Damages of £3,400 had also been sought by the Claimant, who had been advised to undertake treatment but had failed to complete the course.

Rachel successfully argued that the level of general damages claimed was too high, that the Claimant had failed to mitigate their loss, and that comparable cases indicated that a lower figure was appropriate. She also argued that the special damages claimed were too high and that the Claimant should not be able to claim for travel costs incurred by travelling to the medical expert in order to prove their claim.

General damages were awarded in the sum of £3,050 and special damages of just £50 were awarded. As a result only fixed costs were payable by the Defendant’s insurance company as the amount awarded was less than the Claimant’s offer to settle.