If you've suffered an injury in an accident, you might hear the term "special damages" come up from your personal injury lawyer. This is important to understand when dealing with a personal injury case. Special damages are a major part of your pay after injury. Let's dive into what special damages matter and why they matter.
What are Special Damages?
Special damages are money you can get to cover specific costs from your injury. You can clearly show and prove these expenses with bills or receipts. People sometimes call them "economic damages" because they involve the money you've lost or spent due to the accident.
When you're hurt, there are often many costs that pile up. Medical bills, lost income from missing work, and property damage are all examples of special damages. These expenses didn’t exist before the accident happened.
Medical Expenses as Special Damages
One of the biggest parts of special damages is usually medical costs. When you suffer an injury, getting better is the most important thing. However, medical care can be very expensive. Doctor visits, hospital stays, surgeries, medicines, and therapy can all add up fast.
Special damages cover all these medical costs. This includes what you've already paid and what you might need to pay for ongoing treatment. If your injury means you'll need care for a long time, those future costs can also be part of your special damages.
It's important to keep all your medical bills and records. These papers show exactly what your medical care has cost. They prove your special damages and can ensure you get reimbursed for these expenses.
Lost Income
Another big part of special damages is money you've lost due to not working. You might miss out on paychecks if you're hurt and can't do your job. This lost income is part of your special damages.
An injury like a fractured bone or nerve pain sometimes means you can't work for a while. Other times, it might mean you can't do the same job anymore and must take a lower-paying position. In really bad cases, you cannot work at all in the future. All of these losses can be part of your special damages.
You'll need things like pay stubs or a letter from your employer to prove lost income. These show how much money you usually make and how much work you've missed. If your ability to earn money in the future is affected, you might need a professional to explain how much income you're likely to lose over time.
Property Damage
If your belongings were damaged in the accident, fixing or replacing them is also part of the special damages. This often happens in car accidents. The cost of repairing your car or getting a new one if it's totaled is also a special damage.
But it's not just about cars. The accident can cover any personal property that was damaged or destroyed. This might include things like your phone, laptop, or even clothing you wore at the time.
To claim these damages, you'll need to show the value of what was damaged. Repair bills, receipts for replacements, or repair estimates can all help prove these special damages.
Other Out-of-Pocket Expenses
Many other costs can come up after an injury. These might not be as expensive as medical bills or lost income, but they still count as special damages. Examples include hiring someone to help around the house if you can't do chores or paying for transportation to medical appointments if you can't drive.
Even small expenses can add up over time. Keeping track of every cost related to your injury is important. Save receipts and make notes about why you had to spend the money. All of these expenses can be part of your special damages claim.
Proving Special Damages
One key thing about special damages is that you need to prove them. Unlike other damages that are harder to quantify, special damages rely on actual costs. This means you need evidence to back up your claim.
Keeping good records is extremely important. Save every bill, receipt, and invoice related to your injury. Make notes about missed work days and any other expenses you have. The more proof you have, the stronger your claim for special damages will be.
How Special Damages Are Calculated
Figuring out the total amount of special damages can be difficult. For some things, like medical bills you've already paid, it's pretty straightforward. You just add up all the bills. However, it gets more complicated for future medical care or lost earning potential.
Sometimes, professionals are needed to help calculate these future costs. They look at things like how long you'll need treatment, how your injury might affect your work over time, and even how inflation might change costs in the future. All this goes into figuring out the full amount of special damages you should claim.
The Role of a Personal Injury Lawyer
Dealing with special damages can be confusing. There's a lot to keep track of, and what you can claim is unclear. This is where a personal injury attorney can help. They know about special damages and can ensure you're claiming everything you should.
A personal injury lawyer can help gather all the necessary evidence to prove your special damages. They know what documents are important and how to present them most strongly. They can also work with professionals to calculate future medical costs or lost earning potential.
Having a personal injury attorney on your side can significantly affect how much you get for your special damages. They know how to negotiate with insurance companies and can fight for you in court if needed. Their goal is to ensure you get paid back for all the costs of your injury.
Special Damages vs. General Damages
It's worth noting that special damages are just one part of what you might get in a personal injury case. There's another type called general damages. While special damages cover specific costs you can add up, general damages are for things that are harder to put a price on.
General damages include pain and suffering, emotional distress, and loss of enjoyment of life. Although they don't come with receipts or bills, they are still important parts of many personal injury cases.
A personal injury lawyer can explain the difference between special and general damages. They'll ensure you're seeking the right amount of compensation for both types in your case.
The Importance of Acting Quickly
When it comes to special damages, time is extremely important. The sooner you start keeping track of your expenses and gathering evidence, the better. Some costs might be easier to prove right after they happen.
Also, there are time limits for filing personal injury lawsuits. These are called statutes of limitations, which differ in each state. If you wait too long, you might lose your chance to claim your special damages.
This is another reason why talking to a personal injury lawyer early on can be so helpful. They can make sure you're doing everything you need to do when you need to do it to protect your right to claim special damages.
How Insurance Companies View Special Damages
Insurance companies play a role in most personal injury cases. They often try to pay as little as possible for claims. Regarding special damages, they might question whether all your expenses were necessary or related to the accident.
This is why having solid proof of your special damages is so important. It's also why having a personal injury lawyer can be so valuable. They know how insurance companies think and can help make your case as strong as possible.
Special Damages in Different Types of Cases
Special damages can arise in all sorts of personal injury cases, including car accidents and slips and falls. The specific special damages might differ in each type of case, but the basic idea is the same.
In a car accident, for example, you might have vehicle repair costs as part of your special damages. In a medical mistake case, you might have costs for extra treatment to fix the mistake. A personal injury lawyer can identify the special damages that apply to your situation.
When Special Damages Might Be Limited
Sometimes, there might be limits on how much you can get for special damages. This can be because of laws in your state or the specific details of your case. For example, if the person who hurt you doesn't have much money or insurance, there might not be enough to cover all your special damages.
A personal injury attorney can explain if there are any potential limits on your special damages. They can also clarify your options if there are limits.
The Process of Claiming Special Damages
Claiming special damages usually involves several steps. First, you must gather all your evidence - bills, receipts, pay stubs, and other proof of your expenses and losses. Then, you (or usually, your personal injury lawyer) will create a demand letter. This letter explains your case and lists all your damages, including special damages.
This demand often starts negotiations with the other side (usually an insurance company). They might agree to pay, or they might argue about the amount. If you can't agree, the case might go to court. There, a judge or jury will decide how much you should get for your special damages.
Throughout this process, a personal injury lawyer can be your guide and advocate. They handle the legal stuff so you can focus on getting better.
How Long It Takes to Get Special Damages
Many people ask how long it will take to get paid for their special damages. The truth is, it can vary a lot. Some cases settle quickly, in just a few months. Others, especially if they go to court, can take a year or more.
The amount of special damages can affect how long it takes, too. Cases with lots of damages or complicated future costs might take longer to resolve. But remember, taking the time to build a strong case can often lead to a better result.
A personal injury lawyer can give you a better idea of what to expect in your specific case. They can also work to move your case along quickly while still fighting for the full amount you deserve.
Why Special Damages Matter So Much
Special damages are a key part of making things right after you've suffered an injury. They help ensure you don't end up paying for someone else's mistake. By covering your actual costs and losses, special damages can restore your situation to what it was before the accident.
Without special damages, many injured people will face serious money problems. Medical bills alone can be overwhelming. Add in lost income and other costs; an injury can be financially devastating. Special damages help prevent this.
Get Help with Your Special Damages Claim, Call Today
Dealing with special damages can be overwhelming, especially when recovering from an injury. There's a lot to keep track of and many rules to follow. That's why getting help from a personal injury lawyer can be valuable.
A personal injury lawyer knows all about special damages. They can assist in identifying all the damages to claim, gathering the necessary evidence, and advocating for the full amount you deserve. They handle the legal work so you can focus on getting better.
If you've suffered an injury and think you might have a claim for special damages, don't wait to get help. Talk to a personal injury lawyer as soon as you can. They can answer your questions, explain your options, and guide you in deciding what to do next.
Remember, most personal injury lawyers offer free consultations. This means you can get advice about your case without cost or commitment. It's a chance to learn more about your rights and options regarding special damages.
Don't let confusion about special damages keep you from getting the money you deserve after an injury. Contact a personal injury lawyer today to learn more about your case and how they can assist with your special damages claim.
Gabriel Levin - Owner/Founder
Gabriel Levin is a highly experienced and award-winning attorney with over 10 years of practice in Pennsylvania. Known for his tenacity, he has represented clients in a wide range of civil matters and tried hundreds of cases. He prepares each case as if it will go to trial, ensuring meticulous attention to detail.
Unlike many firms that delegate tasks, Attorney Levin personally handles every aspect of each case and maintains open communication with his clients throughout. He has secured millions in compensation, making him a smart choice for those seeking legal representation.
Learn More