Understanding "Damages" in a Personal Injury Lawsuit

Special damages, also known as economic or pecuniary damages, are a type of compensation sought in a personal injury lawsuit. These damages are designed to reimburse the injured party for specific financial losses they have incurred as a direct result of the injury or accident. Unlike general damages, which compensate for non-economic losses such as pain and suffering, special damages are quantifiable and typically have a clear monetary value. Here are some common examples of special damages in a personal injury suit:

1. Medical Expenses: Special damages often include reimbursement for all reasonable and necessary medical expenses related to the injury. This can encompass costs such as hospital bills, doctor's fees, surgery costs, prescription medications, rehabilitation expenses, and medical equipment.

2. Lost Wages: If the injury prevents the victim from working and earning income, special damages may cover lost wages and future earning capacity. This includes the income the injured person would have earned had they not been injured.

3. Property Damage: In cases where personal property (e.g., a vehicle) is damaged as a result of the accident, special damages may include the cost of repairs or the fair market value of the property if it is a total loss.

4. Transportation Expenses: This category covers expenses related to travel for medical treatments, such as mileage to and from doctor's appointments or hospital visits. It may also include costs for alternative transportation if the injury restricts the victim's ability to drive.

5. Home Modifications: If the injury necessitates modifications to the victim's home to accommodate their disability, special damages may cover the cost of these modifications, such as wheelchair ramps or accessible bathroom fixtures.

6. Replacement Services: When the injured person is unable to perform household tasks or chores due to their injury, special damages may include the cost of hiring someone to perform these tasks, such as cleaning, cooking, or childcare.

7. Future Medical Expenses: In cases where the injury results in long-term or permanent medical needs, special damages may include estimated future medical expenses, such as ongoing treatments, therapy, or medications.

8. Other Out-of-Pocket Expenses: Special damages can encompass various other out-of-pocket costs directly related to the injury, such as over-the-counter medications, medical supplies, and even parking fees at medical facilities.

To successfully claim special damages in a personal injury lawsuit, it is essential to document and provide evidence for each specific expense incurred as a result of the injury. This evidence can include medical bills, receipts, pay stubs, expert testimony, and other relevant documents. The goal of special damages is to compensate the injured party for the actual financial losses they have suffered due to the accident, making them "whole" to the extent possible from an economic perspective.