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What Are Special Damages in Your Personal Injury Claim?

Posted on November 15, 2022 in

If you or a loved one sustain an injury caused by the negligent actions of another individual or entity, you would likely be able to recover compensation for your losses. However, personal injury claims typically contain various types of damages that a person can recover, namely “special damages” and “general damages.” Here, we want to specifically examine what special damages encompass.

Understanding Special Damages

When an individual sustains an injury, it is very likely that they will have expenses that are easily proven. How are expenses usually proven in these situations? Through bills, invoices, receipts, property damage estimates, etc.

After an injury occurs, it is very likely that individuals will start to receive bills and need to start the process of picking out the pieces. This costs money. These costs are tangible because there is proof that we just discussed. That is what distinguishes special damages from other types of damages – the fact that they can be calculated objectively.

Medical Expenses

Perhaps the most important aspect of special damage compensation is the medical expenses. Individuals need to receive medical treatment until they reach maximum medical recovery after an injury occurs. This includes compensation for the following:

  • Emergency medical expenses
  • Prescription medications
  • Medical devices
  • All follow-up medical treatment
  • Physical therapy and rehabilitation
  • Any necessary in-home medical treatment

Lost Wages

Individuals may not be able to work in the immediate aftermath of sustaining an injury, and they could be out of work for a longer period of time, depending on the severity of the injury. When this occurs, the injured individual needs wage replacement. This can include any money an individual cannot earn while they recover as well as replacement of compensation if they have to take a lower paying job as a result of the injury and any disability.

Property Damage

If any property sustains damage in the incident that caused the injury, then the individual should be able to recover property damage expenses as well. This is most commonly associated with vehicle accidents where the vehicle needs to get repaired. Along with this would come rental vehicle coverage expenses.

However, not every injury involves a vehicle accident, and other types of property can also be damaged along the way. This can include computers, cell phones, clothing, jewelry, artwork, collectibles, and more.

Out-Of-Pocket Expenses

Injuries can be expensive in unexpected ways. There are various out-of-pocket expenses an individual could incur. This can include having to pay someone to come help with household chores or yard work, transportation costs to and from medical visits, and more.

Other Types of Damages

Aside from special damages, individuals are most commonly able to recover compensation for general damages. These are not as calculable as the expenses just mentioned above because they deal with relatively “unseen” losses that are harder to prove. This includes physical pain and suffering, emotional pain and suffering, loss of quality of life, and compensation for scarring and disfigurement or disability.

Additionally, there are times when punitive damages are awarded to an injury victim, but this is rare. Punitive damages are reserved for scenarios where the actions of the defendant were found to be particularly egregious or intentional. If you have more question about your claim, contact our Denver personal injury attorneys.