What is The Difference Between Special Damages and General Damages Under Cyprus Law?

Under Cyprus law, damages in a civil claim can be classified into two main categories: special damages and general damages. A civil claim means any claim filed for compensation and may include a road traffic accident claim against an insurance company in Cyprus, a workplace accident a medical negligence case, or any other claim for damages due to negligence of others. 

Special Damages

Special damages refer to losses that are capable of being calculated with reasonable certainty, such as financial losses, medical expenses, and property damage. These are damages that can be specifically quantified or measured, and are often based on actual out-of-pocket expenses incurred by the plaintiff. Special damages are sometimes referred to as "specific" damages, as they relate to specific losses suffered by the plaintiff.

In cases handled by our firm before Cypriot Courts we routinely claim special damages that might include:

Medical expenses: This could include the cost of hospital treatment, medication, rehabilitation, and any other medical expenses incurred as a result of the defendant's negligence.

Lost earnings: If the plaintiff is unable to work as a result of their injuries, they may be able to claim compensation for lost earnings. This could include wages, salary, or other income lost as a result of the injury.

Property damage: If the plaintiff's property has been damaged as a result of the defendant's negligence, they may be able to claim compensation for the cost of repairs or replacement.

Our Evidence Law in Cyprus States That Special Damages Must be Strictly Proven

And therefore claimants must keep invoices, receipts and all evidence and proof relating to all expenses made or losses incurred due to the accident. It is well known that insurance companies in Cyprus are always ready to put up a fight before compensating, and therefore it is of vital importance that claimants are in position to proof their assertions.

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General Damages

General damages, on the other hand, are damages that cannot be precisely calculated or measured, such as pain and suffering, emotional distress, and loss of enjoyment of life. General damages are sometimes referred to as "non-specific" damages, as they do not relate to specific financial losses suffered by the plaintiff.

Examples of general damages might include:

Pain and suffering: This could include physical pain, emotional distress, and mental anguish suffered by the plaintiff as a result of the defendant's negligence.

Loss of enjoyment of life: If the plaintiff is unable to enjoy the same quality of life as they did before the injury, they may be able to claim compensation for the loss of enjoyment of life.

Loss of consortium: If the plaintiff's injury has affected their ability to maintain a normal relationship with their spouse or partner, they may be able to claim compensation for loss of consortium.

The amount of compensation awarded for both special and general damages will depend on the individual circumstances of the case, such as the severity of the injury, the impact on the plaintiff's life, and any other relevant factors.

Involved in an Accident? Get Professional Help Today

At N. Rotsides & Co, we've got your back. We'll fight tooth and nail to ensure that you receive the compensation you're entitled to after a road traffic accident. So, don't hesitate to contact us today for a free consultation. Let us help you get back on the road to recovery!

Read More in our Cyprus Blog for Personal Injury and Accident Compensation.