What happens if I win?

If you win, your opponent pays the following:

  • damages, or compensation, usually assessed under two main categories:
    • general damages – a figure worked out by the judge, backed up by case reports on similar cases, for your pain, suffering and loss of quality of life (short-term or long-term); and
    • special damages– the total of the financial losses and expenses (including those that you are likely to incur in the future) resulting from your injuries. The list may be long, and it may include not only obvious items like loss of earnings but also, in cases of catastrophic injuries, the cost of adapting your home to cope with your disability, or your care needs for the rest of your life.
  • interest on damages; and
  • your legal costs. Since April 2013 even if you win, part of the legal costs of the case may be deducted from any compensation awarded to you. Talk to your solicitor and make sure you understand clearly from the start how costs are to be treated in your particular case.
Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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