Many people ask about special damages, so we decided to write a blog and review it. You are entitled to damages if you have been in a personal injury accident and have incurred costs or lost money. They are legitimate losses that can be claimed in a personal injury lawsuit or insurance claim because they directly result from your injuries or accidents. These are also referred to as “economic damages.”
The victim of a significant accident may have to spend a fortune on medical care, time off work, and rehabilitation after suffering a personal injury. It is possible to seek monetary compensation under the law if the negligence of another party caused such injuries. The types of damages that might be sought in a personal injury claim are “general damages” and “special damages.”
General Damages in a Personal Injury Case
When something goes wrong, it can result in general damages. That is to say; the plaintiff can directly attribute their harm to the defendant’s actions. The accused’s ability to foresee the hurt (or the degree of the loss) typically does not prevent the plaintiff from recovering reparation for general damages.
All personal injury cases are unique; however, some examples of generic damages are:
- Suffering and Physical Pain
- Deformity of the body
- Handicapping body parts
- Experiencing mental distress
Wrongful death settlements may include compensation for losing a loved one’s company and declining the victim’s quality of life.
What Are Special Damages in a Personal Injury Lawsuit?
When someone is hurt because of the carelessness of another, monetary compensation is available in the form of special damages. In a civil lawsuit, these damages are the actual financial losses suffered by the plaintiff. However, concrete evidence of such losses or costs is required. For example, the medical expenses of an injured party from any treatment needed because of a car accident are a perfect example of damages in a personal injury claim.
Special damages can be:
- Medical bills (past, present, and future)
- Property loss or damage
- Lost income (past, present, and future)
How are the Special Damages Calculated?
To understand “What are special damages,” it is crucial to know how they are calculated. These damages are typically straightforward to determine when compared to general damages because a definite monetary amount has been spent on these things, or the amount lost can be proven by preexisting paperwork.
For instance, the claimant spent $7,500 on medical care (at the ER, with their primary care physician, and with a physical therapist) following a slip and fall in a nursing home. Three days of employment were lost while the claimant recovered from their injuries. They used vacation time; however, they should be compensated for doing so. That’s $1,200 in missed revenue, or $400 a day. This means the claimant has suffered damages of $8,700 ($7,500 plus $1,200).
Consider that the claimant, upon falling, was holding a newly acquired antique light. The price tag on that lamp is $2,000. If the plaintiff also suffered special damages, the reckless owner of the property might be responsible for a total of $10,700.
Types of Special Damages
While the kinds of special damages awarded in a personal injury case will vary, some common types include:
- Maintenance and replacement of broken items
- Medical bills, time off work due to illness, and other financial losses (past and future)
The expense of paying someone else to do chores around the house that the injured person cannot do, as well as the cost of replacing any lost valuables