What Are Special Damages in Personal Injury Cases?
If an individual is injured by the negligent act of another in Pennsylvania, then the negligent party or their insurance provider should pay the injured party financial compensation. The term "damages" denotes this financial compensation and the injured party's right to be made whole after suffering his or her injuries. Special damages in personal injury cases are awarded for a myriad of different losses.
The two main categories of damages in personal injury cases in Pennsylvania are general damages and special damages.
What Are Special Damages in Philadelphia and PA?
Compensatory damages are divided into special damages and general damages. Compensatory damages provide compensation to an individual who suffers bodily injury, and this compensation helps the injured person pay the expenses and losses associated with the injury. Compensatory damages essentially make the injured victim whole after suffering personal injury.
Special damages are unique to each individual plaintiff who suffers personal injury. These special damages in personal injury cases have a monetary value and account for specific losses a victim suffered during any type of accident caused by another party’s negligence.
Special damages are also known by the term “economic damages.” Special damages highlight the financial losses caused by an accident that could have been prevented if the other party had not been negligent.
Special damages in personal injury cases cover a range of different losses. Some of those losses include the following:
- Traveling expenses
- Past and future medical expenses
- Lost wages
- Legal fees and court costs
- Disability costs
- Costs related to property repair
- Costs related to property replacement
- Funeral and burial costs for wrongful death claims
Special damages can be proved in different ways, but an injured victim needs to be advised to create a trail of documents in writing that prove specific losses. Injured victims can estimate special damages by totaling all the costs related to the accident that caused the victim to suffer personal injury. The injured victim can receive financial compensation for these losses.
A Philadelphia personal injury lawyer at Mattiacci Law, LLC can help you calculate your special damages and recover the financial compensation you need to be made whole after suffering personal injury.
Calculating Special Damages in Personal Injury Cases
If you try to calculate special damages without the assistance of a personal injury attorney, then you may not receive the settlement amount you deserve. Calculating special damages requires diligent scrutiny of all papers and documents related to the expenses accumulated due to the accident.
Billing documents, medical records, and injury reports are just some of the documents that must be assessed to make an accurate calculation of special damages. A Philadelphia personal injury lawyer can help you calculate the costs of any medical care you may need to obtain in the future. If you lost wages due to a temporary or permanent disability, then you can calculate this sum with the help of an experienced personal injury attorney.
The hardest part related to calculating special damages is estimating the future costs of healthcare and any reduced earning capacity caused by a personal injury. Present and past expenses are more ascertainable, but future expenses can be more ambiguous. You need to retain an experienced personal injury attorney to help you establish the future costs of healthcare and lost future wages.
A knowledgeable and skilled Philadelphia personal injury attorney can take many steps to help protect your special damages award. An experienced attorney can help you do the following things to preserve your special damages award:
- Speak with acquaintances, family, and friends to obtain an accurate description of how the accident has changed the injured victim’s lifestyle
- Acquiring past employment and income records from the injured victim
- Obtaining copies of the injured victim’s medical history after the accident that caused serious bodily injury
- Protecting the injured victim by prohibiting defendants from communicating with the injured victim
These particular tasks need to be handled immediately after an injured victim retains legal representation. Performing these safety measures will help the injured victim obtain general damages, special damages, and punitive damages.
The attorneys at Mattiacci Law, LLC can help protect you from tactics used by insurance companies. You can schedule a free consultation in our Philadelphia office during which we can review the facts of your case and advise you on the best course of action to take moving forward.
These are some of the most common accidents that result in special damages:
- Attacks by dangerous animals
- Wrongful death
- Automobile accident
- Slip and fall accidents
- Product liability
- Medical malpractice
Special damages are easier to calculate than general damages. Special damages are given a specific financial value based on the expenses documented in medical records and billing statements. Special damages place the injured victim in the financial position he or she would have been in had no personal injury occurred.
These damages are termed “special” damages because they are unique to the injured victim in that the exact monetary value is always different for every injured victim.
Formulating the Amount of Special Damages in Personal Injury Cases
Special damages are more ascertainable and easier to calculate than damages related to pain and suffering or emotional trauma. Receipts, billing statements, and medical records are important documents in any personal injury case because they are used to find an accurate total of the injured victim’s special damages.
Out-of-pocket expenses are considered when calculating special damages and include travel costs, walkers, crutches, prescriptions, and braces. Medical expenses are also considered when calculating special damages. Medical expenses comprise all the treatment an injured victim received immediately after the accident until the injured victim’s personal injury case is resolved.
The attorneys at Mattiacci Law, LLC are here to help you gather the evidence you need to make sure you receive the financial settlement you deserve. Our team of skilled lawyers can help you calculate special damages in personal injury cases like yours . Call our Philadelphia office at 215-709-7915 and our New Jersey office at 856-219-2481.
Having an attorney representing you in your personal injury case will protect you from the tactics of the insurance companies and the nuanced complexities of civil litigation. Visit our website at https://jminjurylawyer.com/ to learn more about the legal services we offer. You can schedule a free consultation and learn how you can best preserve your legal rights and obtain the settlement amount that will compensate you for your injuries.