What Losses Are Considered Special Damages?

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    If you are considering pursuing a personal injury claim that asks for compensation for special damages, it is important to know what falls under that heading. The awards under the special damages category are intended to both punish the defendant and compensate the victim. Special damages compensate for measurable monetary losses.


    What Counts as a Special Damage?

    If you have been the victim of a car wreck or some other personal injury incident, be sure to discuss with your personal injury attorney what losses you can claim as special damages. These often include the following:

    • Loss of irreplaceable items

    • Replacement or repair of damaged property

    • Lost wages or earnings (past and future)

    Legal costs spent mitigating liability, medical expenses, caretaker wages, and domestic expenses may also be considered special damages in a personal injury case.


    Seeking Compensation for Losses

    If you are seeking compensation for losses considered to be special damages, you must have a specific total amount when filing. Special damages are tangible losses—not assumed or possible losses.

    You can’t go into court and claim that you could have made $3 million dollars during the rest of your life without having had a job that would have paid that before the injury or accident. You must be able to prove the losses you claim as special damages.

    For this reason, it’s important that you keep your hospital bills, pharmacy receipts, and other records. You will need them if you plan to seek compensation.


    Understanding Compensation

    It can be difficult understanding special damages and the other parts of the legal process for seeking compensation. An experienced lawyer can help you determine your losses and if there are any special damages that should be considered.

    If you have been hurt in an accident that was caused by someone else’s negligence, special damages might be an important part of your case. Our attorneys can make sure you get the compensation you need and deserve. Call the Law Office of Joel H. Schwartz at 1-800-660-2270 or fill out the form below to get started.