Personal injury damages are compensation paid to an individual who has experienced harm due to another person’s carelessness or deliberate conduct, such as bodily injury or property damage.
In personal injury lawsuits, special damages are a damage award that compensates for particular out-of-pocket expenditures linked to the accident, such as medical bills, lost earnings, and property damage. The purpose of these damages is to pay the plaintiff for particular expenditures incurred due to the accident.
Economic damages are a damage award compensating for monetary losses caused by an injury. They include specific and general damages (out-of-pocket payments) (compensation for non-economic harm, such as pain and suffering).
Economic damages are intended to return the plaintiff to the financial situation they would have been in had the accident not happened.
What Do Special Damages Cover?
Specific out-of-pocket expenditures incurred as a consequence of an accident are covered by special damages. They are intended to reimburse the plaintiff for real financial damages suffered or anticipated in the future.
Examples of common exceptional damages include:
- Costs associated with medical expenses: Medical expenditures include the cost of medical treatment, such as hospital stays, doctor visits, and rehabilitation, as well as any future medical care required as a consequence of the accident.
- Lost wages: The amount of money lost due to the injury, including time spent healing and potential future earnings.
- Property damage: The expense of repairing or replacing damaged property due to the injury.
- Emotional distress: Emotional distress, pain and suffering, and other non-economic losses are often not covered by special damages. These losses are referred to as general damages and are reimbursed separately through a distinct damage award.
What Are Some Examples of Special Damages?
Examples of common special damages include:
- Medical expenditures: Medical expenditures include the cost of medical treatment, such as hospital stays, doctor visits, and rehabilitation, as well as any future medical care required as a consequence of the accident.
- Lost wages: The amount of money lost due to the injury, including both time spent healing and potential future earnings.
- Property damage: The expense of repairing or replacing damaged property due to the injury.
- Transportation expenses: Commuting to and from medical appointments, rehabilitation institutions, and other injury-related locations.
- Home modification costs: Home modification costs include adapting a home to accommodate a handicap or injury, such as constructing wheelchair ramps or changing bathroom fittings.
- Loss of consortium: A spouse or family member loses companionship and support from an accident.
These are only a few special damages in a personal injury lawsuit. The facts and circumstances of that case will determine the precise damages awarded in a given instance.
Are Special Damage Awards the Same in Contract Claims?
Both special damages in personal injury lawsuits and special damages in contract claims relate to reimbursement for particular, out-of-pocket expenditures incurred as a consequence of the harm.
There are, however, certain distinctions between the two sorts of instances, notably in the types of expenditures that may be compensated.
Special damages (also known as “consequential damages” or “indirect damages”) in a breach of contract action are losses that were anticipated at the time the contract was made and are a natural and predictable effect of the violation. In a contract lawsuit, examples of exceptional damages include:
- Profit loss: The amount of profit that would have been made if the deal had been carried out exactly as agreed.
- Business interruption: The amount of money lost due to being unable to conduct a business owing to a contract violation.
- Relocation expenses: The cost of moving a firm due to a contract violation.
On the other hand, special damages in personal injury cases often include expenditures such as medical bills, missed earnings, and property damage that are directly tied to the harm itself.
What Are the Defenses Against Special Damages in a Personal Injury Case?
In a personal injury lawsuit, the defendant may offer several defenses to a claim for special damages. Among the most prevalent defenses are the following:
- Contributory negligence: This defense contends that the plaintiff’s activities contributed to the harm, so the defendant is not entirely liable for the damages.
- Assumption of risk: This defense contends that the plaintiff was aware of, or should have been aware of, the dangers connected with the behavior that resulted in the harm and freely accepted those risks.
- Statute of limitations: This defense contends that the plaintiff waited too long to file the claim and is therefore precluded from pursuing the action due to the statute of limits.
- Lack of causation: This defense contends that since the defendant’s acts did not directly cause the plaintiff’s injuries or costs, the defendant should not be held liable for the damages.
- Pre-existing condition: This defense contends that the plaintiff’s injuries or expenditures were caused by a pre-existing ailment rather than the defendant’s acts.
- Fraud or misrepresentation: This defense contends that since the plaintiff submitted false or misleading information to seek compensation, the respondent should not be held liable for the damages.
It should be noted that these arguments may not apply in every situation, and the precise defenses will depend on each case’s facts and circumstances.
A personal injury lawyer can help you understand the potential defenses in your case and develop a compelling case to support your claim for special damages.
How Could I Have Been Contributorily Negligent?
Contributory negligence is a defense that may be used in a personal injury lawsuit to claim that the plaintiff’s activities contributed to the harm. Therefore the defendant is not entirely accountable for the damages.
A plaintiff might be contributorily negligent in a variety of ways. Here are a few examples:
- Failure to follow safety rules or guidelines: If the plaintiff fails to follow safety rules or guidelines meant to avoid harm, the defendant may claim that the plaintiff was contributorily negligent.
- Engaging in harmful activity: If the plaintiff participated in unsafe activities, such as horseback riding without a helmet or jumping into shallow water, the defendant might allege that the plaintiff was negligent.
- Ignoring warning signals: If the plaintiff disregarded warning signs meant to warn of risk, such as “wet floor” or “danger” warnings, the defendant might claim that the plaintiff was contributorily negligent.
- Failing to wear protective equipment: If the plaintiff fails to wear protective equipment given to guard against harm, such as a helmet or safety glasses, the defendant may allege that the plaintiff was contributorily negligent.
- Failure to seek medical treatment: If the plaintiff fails to seek medical attention within a reasonable period after the accident, the defendant may allege that the plaintiff was negligent.
It is important to note that the concept of contributory negligence differs from state to state, and some states have adopted a modified form of contributory negligence, such as comparative negligence, which allows the plaintiff to recover damages even if they were partially responsible for the injury.
An experienced personal injury lawyer can assist you in understanding your state’s laws as well as the ramifications of contributory negligence for your case.
Do I Need a Lawyer for Special Damages in a Personal Injury Lawsuit?
Yes, retaining a personal injury lawyer is often recommended if you pursue a case with a claim for special damages.
A personal injury lawyer can assist you in navigating the legal process, gathering evidence to support your claim, and negotiating with insurance companies to ensure you obtain the maximum compensation for your injuries and expenditures.
If you have been harmed due to someone else’s carelessness or willful conduct, you should consult with an experienced personal injury lawyer as soon as possible.
Your lawyer can advise you on your legal rights, the possible worth of your case, and the best method to continue with your claim.
You may increase your chances of collecting the compensation you need to pay your medical costs, missed earnings, and other expenditures, as well as compensation for your pain and suffering, with the assistance of a personal injury lawyer.
