What’s Included Under Special Damages in Personal Injury Law?

The concept of damages is crucial in personal injury cases. While general damages compensate for intangible losses like pain and suffering, special damages cover the specific monetary expenses incurred due to the injury. These damages are significant in ensuring victims are reimbursed for their financial losses, making them essential to personal injury claims.

Personal injury attorneys at The Champion Firm, Personal Injury Attorneys, P.C., frequently emphasize the importance of accurately documenting these expenses. They are skilled in various types of personal injury cases and will assist you in recovering not only special damages but also other types of damages. Additionally, they provide free consultations and work on a contingency fee basis.

This article will guide you through the various components typically included under special damages in personal injury law. It will also explain the importance of keeping detailed records and seeking legal assistance to ensure you receive fair compensation.

What Qualifies as Special Damages?

Special damages, also known as economic damages, cover the financial losses directly resulting from an injury. 

The most common types of special damages include:

1. Medical Expenses

Medical expenses are one of the most significant components of special damages in personal injury cases. This category includes all costs associated with treating injuries, such as:

• Ambulance fees
• Emergency room visits
• Hospitalization
• Diagnostic tests (e.g., X-rays, MRIs)
• Surgical procedures
• Prescription medication
• Rehabilitation and physical therapy

It’s crucial to keep all medical bills and receipts for your treatment as proof of these expenses.

2. Lost Wages 

If an injury prevents you from working, you can claim lost wages and income as part of your special damages. This compensation covers the time you missed due to recovery and any future lost earning capacity.

To accurately calculate this amount, you must provide documentation from your employer, such as a letter stating the number of days missed and your hourly or salary rate. If you are self-employed, tax returns or financial statements can serve as proof of lost income.

3. Property Damage

If an accident has damaged your property, such as a vehicle, you may include those costs under property damages. These expenses may also include repairs or replacements for damaged personal items like cell phones or laptops.

4. Other Expenses

In addition to the above categories, other expenses may qualify as special damages in personal injury cases. These could include:

• Transportation costs for medical appointments.
• Home modifications to accommodate disabilities caused by the injury.
• Childcare or household help if you cannot perform these duties due to your injuries.

Why Detailed Documentation is Crucial

As mentioned earlier, accurately documenting your special damages is essential in personal injury cases. Without proper evidence, insurance companies and opposing attorneys may dispute the validity of your expenses and try to reduce their value.

To ensure you receive fair compensation, keeping detailed records of all related expenses, including dates, descriptions, and costs, is crucial. This documentation can help strengthen your case and provide proof of the financial impact of your injuries.

Seeking Legal Assistance 

Navigating the complex legal process of a personal injury claim can be challenging, especially when determining special damages. That’s why it’s crucial to seek the help of an experienced personal injury attorney. 

A knowledgeable lawyer can assess your case and identify all potential areas for compensation, including special damages. They can also assist in gathering evidence, negotiating with insurance companies, and representing you in court if necessary.