Types of special damages · Lost wages and loss of earning capacity · Medical expenses, both past and future · Loss of irreplaceable items · Personal care costs. Special damages, also known as economic damages, in a personal injury case are those that are special or specific to the individual victim. They refer to the exact costs associated with an incident or injury, costs that can be clearly determined. Usually, special damages are tested with a measurable figure. The victim of a Car Accident Attorney in Charlotte NC has spent several weekends each winter for the past 15 years taking ski trips. As a result of an accident caused by a negligent driver, you are unable to ski this year due to a physical disability.
In addition to car repair expenses and medical bills, the victim also loses an opportunity to do something they like and may be able to receive financial compensation for that loss. Medical bills are a common type of special damage in personal injury cases. If one party causes an injury to the other party, resulting in medical expenses, the at-fault party is generally responsible for the cost of associated medical treatment. The difference between general and special damages is critical in civil personal injury lawsuits. Special and general damages are collectively known as “compensatory damages”, whose purpose is to compensate the victim for economic and non-economic losses suffered in an accident.
For example, in the event that a person loses a limb in an accident, a monetary value must be assigned as general damage. Special damages in personal injury cases refer to compensatory damages that are quantifiable and directly attributable to the injury. Attorneys often use methods such as the “multiplier method”, in which special damages are multiplied by a number (usually between 1.5) and depending on the severity and impact of the injury. For example, let's say that the same car accident where you broke your leg also left you with chronic pain and anxiety about driving.
Unlike special damages, which compensate for quantifiable losses, such as medical bills or lost wages, general damages compensate for the subjective non-economic or non-monetary impacts of an injury. Special damages, also called economic damages, include tangible losses, such as medical expenses, lost wages, and any other out-of-pocket expenses incurred as a result of the injury. Now that we've defined the differences between general and special damages, we'll now look at how personal injury cases are classified. For example, he was injured in a car accident in California and, as a result, had to undergo medical treatment. Special damages are easier to calculate than general damages because there is a specific amount that the plaintiff has paid or lost because of the injury.
Keep in mind that both special and general damages add up to compensate for the injury victim's compensatory damages. An attorney can help you with the legal process and ensure that you recover the maximum amount of general and special damages. Personal injury attorneys can be especially helpful when it comes to general damages, which are more difficult to calculate than special damages. Special damages in the context of personal injury law refer to economic losses incurred by a plaintiff as a result of a injury.
By further breaking down general damages versus special damages, compensation for special damages is based on fair market value at the time of the incident.