Following an accident in which you suffered an injury due to the negligence or wrongful actions of another party, you can pursue damages, depending on the unique circumstances of your case.
A lawyer can explain the types of damages, including what special damages are in a personal injury lawsuit, and understand how they may apply to your case.
If you suffered an injury in an accident, working with an experienced Bellingham personal injury lawyer is the first and most important step you should take.
Damages in Personal Injury Cases
In personal injury cases and other types of legal matters, the term damages refers to monetary compensation awarded to the plaintiff (or plaintiffs) to address the harm they have suffered.
These damages include either general damages (which include non-economic losses like pain and suffering) or special damages (which include quantifiable losses resulting from the injury).
Special damages — such as medical bills, lost earnings, and property damage — are easily measurable and make up a large portion of the overall damages often sought in injury claims. It is important to understand special damages, what they encompass, and how to calculate them when considering legal action.
Special Damages Defined
As mentioned above, special damages refers to measurable, easily quantifiable economic losses a person incurs when they suffer an injury by another party. While general damages involve non-economic harm like pain and suffering, special damages are awarded to compensate injured people for specific financial harm they suffered due to the accident.
Special damages often include medical costs (such as hospital stays, surgeries, ongoing treatment, and other expenses), lost income, property damage, and various out-of-pocket costs.
You typically document them through records and receipts, making them more straightforward to calculate to establish the financial impact the victim has suffered.
Understanding Special Damages and Your Injury Claim
Special damages play a vital role in your personal injury claim by reflecting the financial burden resulting from your accident.
Special damages are designed to reimburse you and return you to a state of financial stability after having your life disrupted by medical bills, lost earnings, property damage, and other measurable out-of-pocket costs.
Detailed calculation of these expenses is critical, as they can include the immediate and long-term costs you face due to your injury.
A knowledgeable personal injury lawyer can help you understand the scope of the damage you suffered and proceed accordingly to seek compensation.
General Vs. Special Damages
As briefly described above, damages in personal injury cases fall into two categories: general damages and special damages.
Each category addresses a specific area of harm suffered in the accident that caused the injury.
- General Damages: Non-economic losses, such as pain and suffering, emotional trauma, depression, and other mental or emotional issues, require a lawyer to quantify.
- Special Damages: More easily measured expenses with clear documentation, including medical bills, lost income, damaged property, and other out-of-pocket losses.
A lawyer who understands these distinctions can help you assess the damages you should pursue when you file your personal injury claim.
Types of Special Damages in Personal Injury Cases
Special damages are a category of compensation covering a broad range of demonstrable and easily calculated losses tied to your injury. These damages provide a foundation for the compensation you will seek in your personal injury claim.
The special damages available can vary depending on the specific details of your accident and injuries. Most commonly, special damages will cover medical expenses (short-term and long-term treatment), lost earnings, and property damage.
These damages help you recover financially from the harm you have suffered due to your physical injury, making them a vital part of your legal strategy.
Medical Expenses
Following an accident, physical injuries ranging from relatively minor bumps and bruises to far more severe trauma all require some level of medical assessment and treatment.
Hospital stays, surgeries, scans and imaging, medications, and follow-up care such as rehabilitation or physical therapy all fall under this category. In cases involving severe injuries, you may need long-term — or even permanent — treatment and equipment, which you must factor into the compensation you pursue.
Keep detailed records of all treatment and medical bills. Your attorney can correctly calculate and document your medical costs in your claim.
Lost Earnings & Lost Earning Capacity
In addition to medical bills, lost earnings and earning capacity are important aspects of special damages sought following an accident. Compensation for lost earnings covers income you could not earn when you cannot work.
It includes salary, hourly pay, and any applicable bonuses you missed while unable to work.
On the other hand, lost earning capacity accounts for the loss of future income if your injury prevents you from returning to your job or reduces your ability to work. Calculating lost earning capacity requires projecting your future income based on past income and expert evaluation.
Property Damage
In personal injury cases, property damage can be factored into compensation to address losses related to repairing or replacing damaged or lost property. In cases resulting from car accidents, special damages may potentially cover repairing or replacing a damaged vehicle and any valuable belongings inside the vehicle.
Other possessions — bicycles, mobile devices, electronics, and other personal items may also qualify for coverage under special damages if they were affected in the accident that caused your injury.
Repair estimates, replacement costs, and other receipts and documentation should be kept and provided as supportive evidence to include property damage under your claim.
Additional Expenses
In addition to medical expenses and lost earnings, special damages in a personal injury case can cover other out-of-pocket costs that resulted from the accident. Many expenses seem small initially but can quickly add to significant amounts throughout your recovery.
Some examples of additional expenses covered by special damages include:
- Transportation: Travel for medical treatment, often long-distance for specialized care.
- Assistive devices: Medical equipment like crutches, wheelchairs, or braces for rehabilitation.
- Home modifications: Adding wheelchair ramps, handrails, and other features to make life at home more manageable.
- Childcare or household help: Professional assistance for daily life when injury physically impairs you.
Your lawyer will factor such expenses into any injury claim when seeking compensation.
Documenting & Calculating Special Damages
Detailed and thorough documentation is vital when seeking to calculate special damages accurately. Since special damages can encompass a wide range of expenses, keep precise records of all costs — medical bills, receipts, pay statements, and other documents.
Calculating your special damages requires keeping track of current costs and anticipating future expenses. An accurate assessment of expenses can help build a strong case for special damages and provide injury victims with the opportunity to receive fair compensation.
With the help of an experienced attorney, you can properly account for your expenses as you seek an appropriate amount of special damages.
The Importance of Documentation
Thorough documentation of the expenses you incurred following your accident can provide concrete and compelling evidence of the financial harm you suffered in addition to your physical injuries.
When you are filing an injury claim, all of your expenses related to medical treatment, lost earnings, property damage, and other expenses should be backed up by documentation.
Both courts and insurance companies rely heavily on documented proof to assess the validity of your claims and the extent of the damage you have suffered. In addition to strengthening your injury claim, detailed documentation can protect your rights as you seek fair compensation.
The Role of an Attorney in Calculating Damages
Your lawyer will serve in various roles throughout your personal injury case, helping to fully document your claims for special damages. Your personal injury attorney will gather and organize all relevant documentation of your injuries, assess the full scope of the financial impact the accident had on your life, and account for the potential ongoing costs.
Your lawyer’s understanding of the legal standards and experience negotiating with insurance companies will benefit your claim as you seek to maximize the compensation you recover following your accident.
Calculating Future Special Damages
Compiling a complete and accurate amount of special damages in your personal injury claim may require projecting future costs for ongoing or permanent medical care, lost earning capacity, and other expenses.
Your attorney may seek to collaborate with medical professionals, financial consultants, and other experts to provide detailed estimates of these expenses by basing projections on current treatment costs, your prognosis for recovery, and other factors.
A lawyer can do these things to pursue the fair compensation you need to pick up the pieces of your life, relieve you of the financial burden you are carrying, and find a path forward.
Why Special Damages Matter in Your Claim
Regardless of the injury you suffered or its severity, special damages will be critical in addressing the financial compensation you seek following your accident.
With special damages covering specific, documented losses like medical expenses, lost income, and property damage, a successful personal injury claim can go a long way toward restoring your financial stability.
Special damages can also account for expenses you will continue to incur in the future due to ongoing treatment or inability to work. Maximizing the special damages awarded for injured individuals is critical in seeking to recover physically and financially.
Challenges in Proving Special Damages
Some of the common challenges in proving special damages include:
- Disputes with insurers: Insurance companies may object to your claim and question the severity of your injuries.
- Accurate recordkeeping: Incomplete or inaccurate documentation for your claims can severely hamper your case or derail it altogether.
- Expert testimony: Accounting for future expenses often requires testimony from key experts to support these projections.
By working with a knowledgeable personal injury lawyer, you can prepare for these challenges.
Why You Need an Attorney
A skilled lawyer can significantly improve your chances of reaching the result you want.
An attorney can provide:
- Thorough documentation
- Accurate calculation
- Skilled negotiation
- Dedicated counsel and guidance
With the help of the right attorney, you can be confident that you will have the strongest chance to pursue special damages in your claim and obtain the fair financial compensation that you need.
Contact an Experienced Special Damages Lawyer for Help
Christopher C. Walton, Accident Attorney
Suffering an injury in an accident caused by someone else’s negligence or wrongful actions can turn your entire life upside down and leave you searching for help physically, mentally, emotionally, and financially.
When someone injures you, the financial burden can quickly pile up. With so many things requiring your time and attention, get help. A personal injury attorney can handle the challenging legal process.
With the guidance of a skilled personal injury attorney, you can feel confident that your case is in good hands while you focus on your physical recovery. Your lawyer can explain the damages you can claim and lead you in the right direction to pursue the compensation you deserve.
They will ensure insurance companies do not take advantage of you. Contact an experienced attorney to ask about special damages in your case and explore your legal options.
A personal injury lawyer can identify special damages, strengthen your case, and seek justice for you. With free consultations, you have nothing to lose and everything to gain by contacting a personal injury attorney today.