Damages are a key part of lawsuits, aiming to fix problems resulting from wrongful actions. Among various categories of damages, special damages hold a unique position. This article will answer the question of what are special damages in a comprehensive way.
What are Special Damages?
Let’s begin with the definition. Special damages represent a subset of damages that addresses explicit and measurable financial losses, it can clearly determine and calculate damages because actual financial loss occurred.
You may encounter special damages by different terms such as economic, compensatory damages, as well as irregular, or consequential damage (in contract law). It is an award in civil lawsuits and are alternative or addition to general damages.
Unlike general damages which contain immaterial losses like pain and suffering, special damages are grounded solely in tangibility. Besides, it aims to restore the injured party to their preincident financial state.
These damages are meticulously calculated based on the actual financial impact incurred due to the defendant’s wrongful actions. The essence of special damages is the precision of quantifiable, specific, and directly tied to the provable monetary aftermath of the incident.
What are Special Damages Covered?
There must be evidence showing the plaintiff’s financial expenses as a result of the incident to obtain special damages. Following are examples of circumstances that special damages cover.
1. Special Damages in Contract Law
As stated before, in different laws, special damages can refer to other damages. In contract law, the damages are also known as consequential damages. It is a specific, irregular losses that result from a breach of contract. These damages cover any loss incurred because of uncommon incidents or unexpected events.
In this case, a plaintiff is eligible for special damages only if they can show that the losses were countable, reasonably foreseeable, and caused by the breach. Examples of special damages in contract law include:
- physical injuries during breach of contract;
- damage to the company’s reputation; and
- lost operating revenue.
2. Special Damages in a Personal Injury Case
In a case of personal injury, special damages are also known as economic damages. It is a crucial component of compensation awarded in personal injury claims. Moreover, this type covers financial burdens and tangible expenses because of the injury. Several expenses as special damages including:
- medical expenses (past and future);
- property damage;
- lost earnings;
And also several out-of-pocket expenses, such as:
- transportation to medical appointments;
- costs for hiring caregivers;
- obtaining necessary medical equipment; as far as
- home modifications.
All of these expenses are tangible, you can provide concrete proof of expenses both written or digital. With those documents, you can file for special damages.
What Should I Do to File Special Damages?
In case of a personal injury, if you aim for compensation, you should understand what are special damages and general damages. Understanding these concepts can reduce confusion in your case since these two damages are almost always done simultaneously.
To file special damages in personal injury, gathering and documenting evidence to support your claim is certain. You should keep receipts and other documents for calculating special damages.
Consulting with your healthcare providers, medical professionals, and experts may be necessary to obtain testimony or affidavits that establish reasonable expenses for your treatment and care. Once the special damages are calculated, they will be presented as part of the personal injury claim along with the general damages.
Types of Injuries Results in Damages
Although personal injuries can occur in a wide range of situations, here are the most common personal injury cases resulting in special damages.
- Product liability;
- Auto accident injury;
- Medical malpractice;
- Dangerous animals;
- Slip and fall; and
- Wrongful deaths.
These cases are commonly filed as personal injury cases but, based on the conditions at hand, they can also become tort cases. Similar actions are still necessary for your special damages claims, just the legal actions are different.
Should I Make the Claim?
Since you already grasp what are special damages and general damages, you can prepare what you need to do if an incident happens. If your injury is caused by one of the types of injuries, you may be able to file for your damages. But, how do you know if you’re eligible to make a claim? That’s the question.
According to Accident Claim Advice, there are three criteria to make sure that the defendant (you’re against) is liable as mentioned below.
- Do they owe you a duty of care?
- Are they negligent in some way?
- Did that negligence contribute to the accident that caused your injury?
If you can answer those questions with certainty, then you are eligible to seek special and general damages in your personal injury claim. If you still can’t be sure of the answer, find an experienced attorney to help you seek the answer.
What is Duty of Care?
The duty of care is the responsibility of individuals or organizations to act reasonably to prevent injury to others. When they cannot reach the standard and cause harm, they may be held liable for the resulting injuries. It is based on a reasonable person’s standard.
For example, a car accident caused by a driver running a stop sign. Injuries resulting from this event are a breach of duty of care. Shortly, Duty of Care is a fundamental element in personal injury cases which is essential for establishing liability.
The Difference Between Breaching Duty of Care and Negligence
The two are related legal concepts, but different in some way. Breach of duty of care is a failure to provide a reasonable level of care, while negligence is a failure to behave with the level of care.
In a personal injury case, a plaintiff must prove that the defendant should perform their duty of care, but they breached that duty. The failure causes harm, and then the plaintiff ultimately suffers the injury due to the breach.
Breaching duty of care is a form of negligence. This case concept is particularly important in tort lawsuits. It is essential for establishing liability and pursuing compensation.
Understands Special Damages to Get Financial Compensation!
After understanding what are special damages and general damages, you are one step closer to claiming your compensation. Keep in mind that injury claims have a 3-year statute of limitation, and understanding this earlier helps you navigate better decisions.
