What are special damages in a personal injury case?

When you suffer a personal injury due to someone else's carelessness, you may be entitled to compensation. Personal injury claims typically include two broad categories of damages: general damages and special damages.

Table of Contents

• Understanding Special Damages
• Types of Special Damages
• Calculating Special Damages
• Proving Special Damages in a Personal Injury Case
• Importance of Legal Assistance
• Conclusion

Understanding Special Damages

Special damages are measurable financial losses due to a direct cause of an injury. Special damages are intended to compensate the victim for real out-of-pocket costs incurred from the accident. In contrast to general damages, which involve pain and suffering, special damages are tangible and documented.

Types of Special Damages

Medical Expenses: Medical expenses are the most important part of special damages. They include hospital charges, the cost of medicine, physical therapy, and all future medical treatments that may be needed because of the injury. It is necessary to keep receipts and all the medical records so that complete compensation can be obtained.

Lost Wages: If the accident renders you incapable of working, you can be compensated for lost income. This includes the lost wages during the period of recovery and reduced earning capacity if the injury renders your working capacity lower in the long run.

Wrongful Death: When an individual loses their life due to another individual's negligence, their family members are entitled to special damages. Such damages can include medical expenses incurred before death, funeral and burial costs, and loss of financial assistance the deceased had been providing to their family members.

Car Accident: Car accident victims can recover for special damages for medical expenses, repairs or replacement of vehicles, transportation costs, and loss of earnings. Catastrophic accidents may result in the inclusion of the cost of long-term medical treatment and rehabilitation fees.

Animal Bites: Animal bites, for example, dog bites, may lead to expensive medical charges, including surgery, emergency services, vaccinations, and physical therapy. The special damages are the reimbursement of these medical charges and lost compensation in case of a disability of a type imposed on their working capacity.

Workplace damage: If an employee is injured during work, he or she may be entitled to compensation for hospital bills, lost wages, and cost of rehabilitation, if any. Special damages for work-related accidents may also encompass future disability or retraining in a different profession if the victim cannot do the previous one.

Calculating Special Damages

It determines all the economic damages incurred by the injury. Pay stubs, bills, and receipts are vital proof to establish the claim. Special damages, as opposed to general damages, can be calculated without any dispute since they have a monetary value.

Proving Special Damages in a Personal Injury Case

To succeed in recovering special damages, you should present concrete evidence. This involves medical reports, work records, tax payments, and expert opinion. A real document establishes your right to sue for such damages.

Importance of Legal Support

It could be challenging to manage a personal injury claim, especially in the computation of special damages. To have a good chance of receiving maximum compensation, it is helpful to have a competent personal injury lawyer in Manhattan. The lawyer can secure evidence, negotiate with insurance companies, and maximize all your damages.

Conclusion

Special damages are among the most critical elements of personal injury claims, such as monetary losses that directly result from the injury. Establishing special damages and how they are recovered may make the difference between your claim succeeding or failing. If you or a family member was injured, you could be forced to seek the assistance of an able attorney to ensure you receive what is rightfully yours.