Special Damages
What Does Special Damages Mean?
Special damages are awarded as specific dollar amounts to the plaintiff in a personal injury lawsuit to compensate for monetary losses. These may include costs for repairing or replacing damaged property, lost wages, and medical expenses. In contrast, general damages are awarded for non-tangible or non-quantifiable losses, such as pain and suffering.
In the context of insurance, liability insurance is designed to cover the costs of damages awarded to the party suing the insured.
Insuranceopedia Explains Special Damages
Special damages refer to expenses incurred by the plaintiff as a direct result of the defendant’s actions. The total of these out-of-pocket expenses serves as the basis for calculating the amount to be awarded. The plaintiff must provide specific proof of these expenses. For example, if a house guest accidentally breaks a homeowner’s bookshelf, and the receipt shows the bookshelf cost $100, the guest would be liable to pay $100 in special damages.
Calculating special damages is straightforward for fixed expenses like property damage. However, determining amounts for future lost wages or anticipated medical expenses due to an injury caused by the defendant can be more complex. In such cases, evidence like pay stubs, estimated treatment costs, and expert witness testimony can help accurately establish the amount of special damages.
