How Do Special Damages Work
in a Personal Injury Case?
When someone is the victim of an accident, they have the opportunity to request compensation from the liable party. Part of the compensation request will be for what is known as special damages. These are the damages that are generally simple to calculate and that, when compensated for completely, will make the victim financially whole again. Other damages, which may not be as easy to calculate, are known as general damages and can be included along with special damages in a request for compensation.
Know What Special Damages Apply
Numerous types of special damages can apply in a personal injury case. Some of the most common types include the following.
- Repair or Replacement of Items. If an item is damaged, compensation can include the cost to repair or replace the item. In a car accident claim, for instance, this can include the cost to repair or replace the damaged vehicle.
- Lost Wages. The victim will likely miss work while recovering from their injuries. The total amount of wages lost during their recovery can be included in the claim.
- Lost Earning Capacity. If the victim is permanently injured and cannot work in the same capacity anymore, it may be possible to request compensation for the loss of future earnings.
- Medical Treatments. Medical treatments immediately after the accident as well as those that may be needed in the future for severe or permanent injuries can be included in the request for compensation.
- Aid Services. If someone is severely or permanently injured and cannot do things on their own anymore, they may need to hire help. Maid or related services can be requested if applicable.
When requesting special damages, it is important to have receipts or bills showing the expenses as well as evidence for how they relate to the accident. Those interested in finding out what special damages are applicable in their own case can visit bohnlaw.com for more information.
Determine the Amount of Compensation
Once the victim knows what they can claim, they'll need to add up everything together to determine the amount of compensation they should request. It is possible to look for tools to help calculate damages, such as ones to calculate the value of a vehicle. For medical bills and related damages, the bills and potential costs for future bills should be added together to get the total. The number will likely be higher than what is originally offered by the liable party.
Request Compensation in Claim
The victim will need to file a claim to request compensation from the at-fault party. The lawyer the victim works with can help with this, and will also include their contingency fee in the request for compensation. By doing this, the lawyer will receive their payment through the claim instead of being paid by the victim. The reason for this is to minimize the out-of-pocket costs for the victim and have the liable party cover any expenses, even legal, related to the accident.
If you've been injured in an accident that was not your fault, you may be able to receive funds to cover general and special damages by filing a claim against the at-fault party. Talk to a lawyer today about your options and learn more about what compensation you could receive to help recover from your injuries.
Did you find this article helpful? Share your thoughts with friends...