In personal injury claims, special damages are the monetary relief given to plaintiffs for out-of-pocket expenses that plaintiffs incurred because of the defendant’s harmful actions. It is also commonly known as economic damages and only covers tangible items easily assigned a specific amount.
In general, they calculate this based on fair market values during the time of the plaintiff’s injury.
What special damages cover
They include losses that one could quantify or calculate easily into a specific dollar amount. They include the following:
- Lost earnings or wages, and if you can calculate them, future and past losses as well
- Expenses related to medical care including medication and hospital bills
- Costs related to replacing or repairing damaged property
- Loss of rare or irreplaceable items
- Costs spent by the plaintiff in reducing his or her own liability
- Caretaking or domestic costs
What the award is about
Essentially, they award special damages to a plaintiff of personal injury claim with the intention of placing the plaintiff in a position that he or she would’ve have been in if the event that resulted in the injury didn’t occur.
In the majority of personal injury cases, one should state special damages clearly and in a specific amount before the trial.
Therefore, it is extremely crucial that one has calculated the damages because it is a vital factor in determining how much your personal injury claim is worth, adds a renowned personal injury lawyer in NYC.
It is different from general damages
It is also important to note that special damages are different from general damages, which is compensation awarded to plaintiffs for intangible items or losses that are technically hard to calculate.
These usually include pain and suffering, emotional distress, as well as loss of companionship and reputation. Legal experts categorize both special and general damages under compensatory damages, which are various types monetary compensation courts award plaintiffs.
Do You Think You Have a Personal Injury Claim?
First off, know that personal injury cases usually involve various rules and extensive calculations of how much the plaintiff has really lost due to the injury.
That said, it is best that you consult an experienced personal injury attorney to help you evaluate your case, determine possible claims, gather evidence, and increase the chances of getting the compensation that you deserve.