What Are Special Damages in a Personal Injury Case?
Injuries caused by the negligence of someone else can be physically, emotionally, and financially draining, and many victims seek compensatory damages for their losses through personal injury claims. This compensation often includes both general and special damages. General damages are related to non-economic compensation, such as emotional distress, while special damages refer to economic compensation. It is the latter that we will focus on in this article.
What specifically are special damages in a personal injury case? If you’re seeking compensation for a personal injury, you’ll need to understand what constitutes special damages in your claim. The experienced personal injury attorneys at Warren Allen LLP have been providing expert advice and representation since 1971. We’ll walk you through what you need to know about special damages and how they apply to your case.
What Are Special Damages in a Personal Injury Case?
Special damages compensate victims for the tangible, out-of-pocket expenses incurred due to someone else’s negligence or wrongdoing. They are quantifiable and directly related to the financial losses incurred as a result of an injury or accident. Typically, they include medical expenses, lost wages, and/or property damage, depending on the nature of the case.
Medical Expenses
Medical expenses are typically a significant component of special damages in a personal injury case, and they can have a substantial impact on the overall value of a personal injury claim. Medical expenses include the costs associated with treating and managing injuries sustained as a result of an accident or incident, including the costs of short- and long-term treatment, medication, and rehabilitation. They can vary widely depending on the nature and severity of the injuries.
Calculating medical expenses involves tallying the costs of all medical-related services and products, including hospital stays, doctor’s visits, copays, medical equipment, surgical procedures, prescription medication, and physical therapy. Thorough documentation is key, and medical records, bills, and receipts all serve as evidence of the expenses incurred.
If an individual is hospitalized for several days due to injuries sustained in an accident, for instance, the hospital bill would include nursing care, treatments, tests, and any other services completed while under their care. Additionally, the individual may incur costs for medical equipment, such as a wheelchair or crutches, and may need to pay for home care or rehabilitation services. Overall, medical records might show a series of doctor’s visits, physical therapy sessions, hospital stays, medication, and so on, with corresponding bills and receipts to support the claim.
Lost Wages
Lost wages are one aspect of a personal injury case that can have a huge impact on someone’s financial well-being. This is the income an individual is unable to earn due to the injuries sustained in an accident. It can include past lost income as well as future lost income if the individual is unable to return to work or is forced to take a lower-paying job due to their injuries.
Determining the amount of income an individual would have earned if they had not been injured can be a challenge, but documentation of past salary, benefits, and bonuses can help demonstrate the plaintiff’s earning potential based on their employment history. If a plaintiff is a salesperson who earns a commission-based income, their lost wages might include the commissions they would have earned if they had been able to work.
Evidence to support lost wages could include pay stubs, W-2 forms, tax returns, and expert testimony from an economist or vocational rehabilitation specialist to establish the extent of their lost earning potential.
Property Damage
When pursuing a personal injury claim, special damages can also include the costs related to destruction or damage to an individual’s property as a result of an accident or incident. This is referred to as property damage.
Property damage could include damage to vehicles, personal property, cost of repairs, replacement parts, or the fair market value of the property if it is deemed a total loss. For example, if an individual’s vehicle is damaged in a car accident, the cost of repairs would include the cost of replacing any damaged parts, such as a bumper or fender, as well as labor costs.
Similarly, if an individual’s personal property, such as a phone or laptop, was also damaged or destroyed in the accident, they may be able to claim the cost of repairing or replacing the item. Documentation such as photographs, repair estimates, receipts, and appraisals can all be helpful evidence for the plaintiff.
Seeking Special Damages in a Personal Injury Case
Answering the question, “What are special damages in a personal injury case?” is just the start of preparing for your claim. When you’re seeking fair compensation for your losses, you need to accurately calculate and present special damages.
The importance of keeping documentation cannot be overstated. Receipts, invoices, and medical records can all serve as evidence of the financial losses incurred, and in conjunction with expert testimony, they can help establish the extent of your losses and provide a clear understanding of the financial impact of your injuries.
That can be a lot to take on, and personal injury law can be complex, but an experienced personal injury attorney can help you. We work closely with clients to determine rightful compensation and ensure all necessary evidence and documentation are gathered and presented clearly. Working with an experienced attorney also allows victims to feel confident that their special damages claims are being handled with care. You receive the support and guidance you need so you can focus on recovery. If you or someone you know has suffered a personal injury, you should immediately take steps to gather and preserve evidence of losses. Contact the experienced attorneys at Warren Allen LLP to discuss your personal injury case and to learn how we can help you seek compensation.
