A Guide To Claiming Special Damages In Cycling Accident Claims
If you have been involved in a road traffic accident as a cyclist that was another road user’s fault, you might be wondering whether you can claim special damages in cycling accident claims. Special damages is the head of claim that compensates you for the financial losses that the accident and your subsequent injuries have caused you.
In order to claim, special damages, you must first have an eligible personal injury claim. We start this guide by explaining when someone could have a valid cycling accident claim. Then, we delve into what is categorised under special damages and what losses you could potentially claim compensation for under this head of loss.
The penultimate section of this guide looks at the benefits of claiming with one of our specialist solicitors with a No Win No Fee agreement in place. Our solicitors have years of experience in representing claims for cycling accidents. They can give you free legal advice and support throughout the bicycle accident claims process. To see whether you can be connected with one of our solicitors, please get in touch with our advisors and have a chat about your circumstances. All of our contact options are free of charge and live 24/7:
- Call 0800 073 8804
- Fill out our ‘claim online’ page to arrange a callback.
- Ask a question using our live chat.
Jump To A Section
- Special Damages In Cycling Accident Claims
- Medical Bills And Treatment Costs
- Lost Wages, Income, Benefits And Earning Capacity
- Property Damage Compensation
- How To Claim Special Damages In Cycling Accident Claims On A No Win No Fee Basis
- Learn More About Claiming Special Damages
Special Damages In Cycling Accident Claims
If you have been injured in a road traffic accident as a cyclist, you may be able to receive compensation for the financial losses your injuries have caused you to suffer under special damages. However, to be eligible to receive special damages, you must have a valid bicycle accident claim.
Every road user owes a duty of care to one another. This includes drivers, cyclists, and pedestrians. This duty of care requires road users to use the roads responsibly and safely to reduce the chance of themselves or another road user becoming injured. As part of their duty of care, all road users should adhere to the regulations in the Road Traffic Act 1988 and the specific rules set out for them within The Highway Code.
If you were to be involved in a road traffic accident as a cyclist, this could cause you to suffer from minor to very serious injuries. For example, cyclists could suffer head injuries if they were to be hit by a car that was not paying attention to the road due to being distracted by their phone.
So, if you were involved in a cycling accident, you must meet and prove this eligibility criteria if you wish to claim compensation:
- You were owed a duty of care by another road user.
- They breached their duty of care.
- Due to this breach, you suffered harm.
Special Damages vs. General Damages
Special damages and general damages are the two heads of claim that could make up the compensation amount for successful cycle accident claims.
Firstly, special damages compensate for the past and future monetary losses you have incurred due to the injuries you suffered in the cycling accident.
On the other hand, general damages compensate for the physical and psychological injuries you have sustained in your cycling accident.
While general damages will always be awarded for successful bicycle accident claims, special damages will only be awarded occasionally. This is why if you wish to receive a special damages payout, you must gather evidence to show your out-of-pocket expenses. Evidence can include payslips, invoices, bank statements, and receipts.
Get in touch with our team to learn more about how much compensation can be awarded for general damages and special damages in cycling accident claims. You can also continue reading this guide for examples of monetary losses which you could potentially claim compensation for under special damages.
Medical Bills And Treatment Costs
Medical expenses could be claimed under special damages in cycling accident claims. However, as aforementioned, you will need to demonstrate that these medical expenses directly resulted from your injuries.
Some examples of medical expenses you could claim compensation for include:
- The cost of medication such as painkillers and prescriptions.
- Physiotherapy costs.
- Care costs if at-home or other care is needed.
- Medical expenses if you are treated under private healthcare.
- Travel costs of getting to and from medical appointments.
If you have any questions about special damages that could be claimed within bicycle accident claims, you can contact a friendly member of our advisory team.
Lost Wages, Income, Benefits And Earning Capacity
If you have been unable to go to work because of injuries sustained in a cyclist accident, you could claim compensation under special damages for any wages, income, and other workplace benefits you have lost.
You could also receive compensation for a future loss of earnings. For example, the nature of your injuries may mean that you are unable to return to work or have to take on a new position that pays you less than your previous role because you are unable to perform those particular work duties anymore. These future lost earnings could be taken into account when claiming compensation.
To see how much compensation you could possibly be awarded for a loss of earnings, don’t hesitate to speak with our team. They can also help answer any questions you may have about the bicycle accident compensation claims process.
Property Damage Compensation
You could receive a payout under special damages for any damage to your bicycle or other personal property if the damage occurred as a result of the accident. For example, if your bicycle needs repairs and if your protective gear needs replacing.
It is important to note, however, that the aim of special damages is to restore your financial position to what it originally was before the accident. For example, you cannot expect to receive the costs of a brand-new bicycle if the one that was damaged was old and second-hand.
Because of this, some items might need valuating for a fair payout to be decided if you are claiming property damage compensation.
To find out more about special damages in cycling accident claims and what you could possibly be entitled to following a bicycle accident that was another road user’s fault, contact us today.
How To Claim Special Damages In Cycling Accident Claims On A No Win No Fee Basis
After discussing the eligibility of your cycling accident compensation claim with one of our advisors, they may then put you in contact with a personal injury solicitor.
Our team of specialist solicitors have years of experience helping clients claim general and special damages in cycling accident claims. Additionally, they usually offer to represent their clients on a No Win No Fee basis by offering them a Conditional Fee Agreement (CFA).
When claiming with a solicitor under this arrangement, you do not have to pay for your solicitor’s services upfront. You also do not need to pay them for their ongoing work while the claim is processing. If the claim fails, you will not need to pay them for the services they have provided.
Instead, a success fee will be taken from you if you have a successful claim. Success fees are a percentage of your compensation that your solicitor deducts. However, the maximum percentage that solicitors can take is legally capped, so you are guaranteed to receive the majority amount.
Talk To Our Specialist Team Today
Have a chat with our team of advisors today if you have suffered harm as a cyclist to see whether you may be eligible to make a personal injury claim. Our team can tell you more about how to receive general damages and special damages in cycling accident claims. They can also inform you whether one of our No Win No Fee solicitors could help you withing claiming compensation. Contact our team today via one of the following methods:
- Call 0800 073 8804
- Fill out our ‘claim online’ page to arrange a callback.
- Use our live chat to ask a question.
Learn More About Claiming Special Damages
Browse some of our similar guides:
- Advice on how to prove fault in a bike accident claim.
- Guidance on how to make a fatal cycling accident claim on behalf of a loved one.
- See whether you can make a motorcycle accident claim.
Additional external links you may find helpful:
- Gov.UK – learn whether you could receive Statutory Sick Pay (SSP) for needing time off work following your road traffic accident.
- NHS – information on how to view your GP health record to help prove how you have been harmed from an accident that wasn’t your fault.
- THINK! – a road safety campaign that has advice about cycle safety.
Thank you for taking the time to read our guide today about claiming special damages in cycling accident claims. If you were in a bicycle accident and have any questions at all about a potential claim, please don’t hesitate to contact us today.
