What Are Special Damages In A Lawsuit?
If you've been involved in a car accident and decide you want to file a claim for a personal injury, you are asking the at-fault driver to pay damages. Damages is a legal term which refers to the amount a person is paid due to injury or losses. What is the difference between Actual damages and Special damages?
What Do Special Damages Cover?
A special damage or pecuniary damage is a loss that can be easily figured out and calculated into a monetary amount. These types of damages include:
- Lost Wages: When a person cannot return to work due to a personal injury on a temporary or permanent basis, they may ask to be compensated for the amount of income they would have earned. This is especially important if the breadwinner in the household cannot go back to work and there is not another financial stream coming into the household.
- Damaged Property: Special damage amounts are associated with fixing or replacing a vehicle that was damaged in a car accident.
- Medical Expenses: Medical expenses range from the amount of initial emergency care of injuries, medicines, prescriptions and painkillers you might need after the accident. It also includes the cost of future surgery, rehabilitation, and nursing care that has been and will continue to be needed through the forseeable future.
- Pain and Suffering: Pecuniary damages also cover the amount of physical and emotional pain you have suffered due to the accident you were in. This can include pain, any limitations related to injury, emotional stress, depression, etc.
How Are Damages Determined To A Dollar Amount?
Special damages are calculated according to the fair market value of damages such as medical expenses or lost wages, at the time the injuries happened. These can include.
- If you were taken to the emergency room, went through surgery or had any kind of hospital stay, needed prescription medication, and/or went through physical rehabilitation any documentation of these expenses can be gathered and calculated to figure out how much you should be compensated.
- If you had an accident and it was someone else's fault, and you are unable to work ever again - not only will you need a lost wages calculation, but you'll also need a calculation in terms of part-time or full-time care.
- Perhaps you suffer from nightmares about the accident, get anxiety / have depression that interfere with your daily tasks, or even have PTSD from the accident. A claim can be made to allow you to receive monetary compensation for emotional distress.
Because every single situation is different, it's important to hire a lawyer. Not only will a lawyer help you get the compensation you deserve, but they can also be there as a support system. Not only can they help you get the most compensation possible for your case, but they can also help in the case itself by collecting evidence, looking at and gathering police reports, witness statements, getting documents in order for the claim, etc.