Special Damages
Specific, quantifiable financial losses that can be calculated precisely, such as medical bills, lost wages, or property repair costs. These damages represent actual out-of-pocket expenses that resulted directly from an incident.
Example
“After the car accident, Tom's special damages totaled $23,500, including $18,000 in medical bills and $5,500 in lost wages.”
Memory Tip
SPECIAL = 'Specific Payments Everyone Can Invoice And List' - these are the exact bills you can document.
Why It Matters
Special damages represent the concrete financial impact of an accident or injury on your life, and they're typically easier to recover in insurance claims or lawsuits. Documenting these expenses carefully is crucial for receiving full compensation for your actual losses.
Common Misconception
People often think special damages automatically include future expenses, but they typically only cover past and present quantifiable losses. Future medical costs or lost earning capacity usually fall under different categories and require expert testimony to establish.
In Practice
Sarah was injured in a slip-and-fall accident on March 1st. By June 1st, her special damages included $12,000 in emergency room bills, $8,500 for physical therapy, $3,200 in prescription costs, and $6,800 in lost wages from missing work. The insurance company can verify each expense with receipts and pay records, making her $30,500 claim for special damages straightforward to process.
Etymology
From Latin 'specialis' meaning 'particular' or 'individual.' The legal distinction between special and general damages developed in English common law during the medieval period.
Common Misspellings
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See Also
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