What Are Special Damages In Personal Injury Claims?
In personal injury claims, victims will seek settlement for various damages and losses that occurred directly from or subsequent to an injury caused by someone else’s negligence or intentional actions. These damages attempt to restore the plaintiff to their original financial situation after having to deal with the losses caused by the accident. Tyroler Leonard Injury Law can help you secure special damages in your personal injury claim.
What are Special Damages in Personal Injury Cases?
Special damages are compensatory awards meant to repay the claimant for specific economic losses that are of a calculated amount, contrasted to general damages, which are non-financial losses such as emotional distress and pain and suffering. These are costs that a claimant incurred as a direct result of their injury. Special damages can be itemized and proven with documentation such as bills, receipts, invoices, and medical records.
Special damages compensate for quantifiable monetary losses that were incurred by the victim after the injury. These damages require documents to support their claim. These losses should be simple to substantiate, however, due to the fact that they are typically linked to some kind of bill or receipt.
Special damages can include costs such as:
- Medical Expenses: Financial burden caused by costs of medical treatments, hospital stays, medications, physical therapy, surgeries, and future medical treatments related to the injury.
- Lost Wages: Wages that were lost during recovery time due to the inability to work, as well as lost earning capacity if the injury has future impact on the ability to work.
- Rehabilitation Expenses: Costs for rehabilitation such as occupational and physical therapy.
- Travel Costs: Expenses for travel to and from doctor’s appointments and treatments, including any ambulatory service costs.
- Property Damage: Costs related to fixing or replacing any personal property that was damaged, such as a car that was wrecked in an accident or a broken laptop after a slip and fall.
- Home Services: Any costs incurred relating to services required for tasks the injured person can no longer perform, such as yard work, cleaning, or child care.
- In Cases of Wrongful Death: Costs associated with a wrongful death personal injury include things like funeral expenses and compensation for family members who were financially dependent on the deceased.
How Do Special Damages Compare to General Damages?
Special damages and general damages are the main two types of compensatory damages referenced in personal injury settlements. They differ significantly in their nature and how they are calculated. Special damages are linked to direct economic value, whereas general damages are not.
General damages compensate for non-economic losses that represent a significant loss but do not have a specific monetary value linked to them. These are calculated more subjectively, and there are various methods that legal professionals can use. Some calculations include the multiplier method, which multiplies the damages by a certain number, or the per diem method, which assigns a value per day to the pain and suffering that occurred.
Some examples of these kinds of losses include pain and suffering, emotional distress, post-traumatic stress disorder (PTSD), loss of enjoyment of life, and loss of consortium (companionship). These damages are harder to quantify, but experienced personal injury lawyers will support your claim through persuasive testimony, expert witnesses, and legal precedents from past cases. So, while special damages cover tangible economic losses, general damages address intangible, non-economic losses from an injury. Together, both types of damages should comprise a comprehensive settlement for the plaintiff.
How Are Special Damages Proven in Personal Injury Claims?
Special damages require documentation. This can be a simple process as long as you have kept all proof of payments throughout your recovery process. The burden of proof always lies on the claimant, so it is up to you to ensure your losses are tracked.
Make sure to document all costs, including medical bills, prescription receipts, repair estimates for physical damaged property, and any other costs that you pay subsequent to your injury. Verify through second opinions if possible before paying out large sums, including doing your due diligence by checking to make sure any medical expenses or vehicle repairs are absolutely necessary. Track any lost income and make sure to provide previous pay stubs as evidence to back up these claims.
Your legal representation will help you calculate future losses, if applicable, including predicting future costs related to your injury in medical bills, lost wages, rehabilitation, household assistance, and travel needs. Minnesota and Wisconsin do not have a cap on economic or special damages. Make sure that your calculations are done with help from personal injury lawyers to ensure the best chance at your maximum settlement.
Why Choose Tyroler Leonard Injury Law for Your Personal Injury Claim?
When filing a personal injury claim, you need an advocate by your side to relieve stress through trustworthy legal representation.
- We will fight for your case to get your rightful, maximum compensation while you focus on recovering from your injuries.
- Our team values communication and will make sure you are kept informed every step of the way.
- Attorneys Isaac Tyroler and Rachel Sperling Leonard demonstrate their commitment to achieving the outcomes their clients need to move forward with their lives, having secured over $50 million in settlements and awards throughout their decade-long practice.
How Much Does It Cost to Hire Personal Injury Lawyers?
If you are working to recover from an injury, the last thing you need to worry about is more bills. Personal injury attorneys typically work on a contingency basis, which means you do not have to worry about paying anything out of pocket. And, if we do not succeed in settling your claim, you will not owe anything.
Working on contingency means that personal injury lawyers will not get paid unless they negotiate a settlement on your behalf. Their payment will then come directly from that settlement, so nothing is paid out of your pocket. At Tyroler Leonard Injury Law, we want you to focus on recovering while we fight for your financial future.
Contact Tyroler Leonard Injury Law for Help with Your Personal Injury Claim
If you are struggling financially after an injury that someone else’s negligence caused, you may be eligible for a settlement. Hiring legal representation is the best way to ensure that you get the most out of your personal injury claim. Contact Tyroler Leonard Injury Law online or at 651-259-1113 to schedule a free, no-obligation case consultation and get your questions answered today.