Winning Your Special Damages Case

damage in law

Most people are familiar with the term “damages,” but they may not know what it means in a personal injury case. Damages are the money an injured person is awarded by a court to compensate them for their injuries. 

To recover damages in a personal injury case, an injured person must prove that the negligence of another party caused their injuries. For example, suppose you have been injured in an accident and believe you may be entitled to damages. In that case, you should talk to an experienced personal injury lawyer. This person can look at your case and help you get the money you deserve.

What are Special Damages

Depending on the subject of law and jurisdiction, the word “special damages” in law might have more than one meaning. For example, in tort law, certain damages are those that may be quantified, such as automobile dents or medical costs. On the other hand, general damages pertain to those that are not quantifiable, such as deliberate infliction of emotional distress.

Special damages, also known as consequential damages, in contract law refer to unusual injuries, such as physical harm sustained during a breach of contract, whereas general damages would refer to the damages anticipated as a result of the violation of the agreement.

Special Damages vs. General Damages: What’s the Difference?

When you submit a personal injury claim, you are eligible to obtain both special damages and general damages as compensation. They are also known as economic and non-economic damages at times.

You may be entitled to understand the types of damages when making a personal injury claim. You should be aware of the distinctions between them. Damages are financial restitution for a claimant’s harm by an at-fault party. This responsible party may have done careless, irresponsible, or malicious harm. Personal injury damages, as previously established, can be special (economic) and non-economic.

General Damages

General damages are those that are seen to “flow naturally” from the wrongdoing of the defendant. In other words, there is a definite connection between the defendant’s actions and the harm suffered by the plaintiff. Most of the time, the plaintiff is entitled to total compensation for general damages even if the defendant could foresee the loss (or its severity).

Types of General Damages

There are many different types of injuries, including but not limited to:

  • Bodily discomfort and suffering
  • Disfigurement
  • Physical disability
  • Difficulties with mental health
  • Loss of affection, concern, and company
  • A lower standard of living
  • Potential future suffering

Regarding general damages, the claimant is entitled to total compensation for any harm incurred regardless of whether the defendant could foresee the injury.

Calculating General Damages

It might be challenging to determine the precise monetary amount given to each plaintiff regarding general damages. For example, each case will have a different amount of compensation for mental anguish or, in some cases, shame. As a result, independent experts such as mental health specialists determine the actual cash value for general damages compensation.

Some deciding elements are the severity of the harm, the jury’s emotions, and the lawyer’s experience representing the injured party. Working with an expert lawyer who understands how to maximize compensation is essential.

Special Damages

Additional compensation for losses from the at-fault party’s actions or inactions is provided as special damages. To estimate the exceptional damages levels, the plaintiff’s injuries may be appraised as a total loss. This is achievable because each harm is assigned a monetary value.

The total medical expenditures incurred due to the plaintiff’s post-accident therapies is a typical illustration of special damages.

Comparing earlier accidents can occasionally be used to evaluate the extent of the at-fault party’s liability for property damage. But, again, using tools like the Kelley Blue Book to research car values is straightforward.

 

Types of Special Damages

Each instance differs when it comes to special damages. Several products that fall into this category are listed below:

  • Property damage
  • Loss of earnings and lost salaries
  • Costs of medical care, present and future
  • Fees for the regular domestic help that the injury has made necessary
  • A loss of unique goods

Calculating Special Damages

Because each item has been given a specific financial value in the form of receipts, special damages are more straightforward to compute than general damages. Documentation may be printed or digital.

Special damages become more challenging when a monetary value needs to be ascribed to future medical care and lost wages. Evidence and expert witnesses are sometimes required.

Contact Us Upon Making Your Case for Damages After an Injury 

The best method to ensure you present the most robust case possible for damages following an accident is to have an experienced legal professional. Our injury attorneys in Halifax and Nova Scotia will consider all relevant factors and ensure that every loss is accounted for in your claim.

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