What Are Special Damages in a Personal Injury Case?

When you are injured in an accident, you are owed financial compensation for your losses and expenses. Special damages (also known as economic damages) are a direct result of your accident and are considered recoverable in a personal injury case or insurance claim.

Special damages vary from case to case and are dependent on your injury and the losses incurred as a result. Insurance companies hope claim filers aren’t fully aware of the extent of their physical and financial damages when they first file a personal injury claim. Filers who aren’t aware of the total financial repercussions of their injuries may accept a lower payment than they are rightfully owed.

An Ohio personal injury attorney can help document your full range of losses and expenses so your insurance company cannot take advantage of you.

What Do Special Damages Include?

Special damages are one of two types of damages (general damages being the other) in a personal injury claim. They are clearly definable because the damages can be calculated with the right documentation (i.e., medical bills, car repairs, employer timesheets, etc.). This is why it is so important to keep track of all receipts and expenses that incur following an accident.

Insurers may intentionally or unintentionally leave out significant damages when they send you a settlement agreement to sign. An attorney can help you make a list of recoverable damages to include in your personal injury claim.

Special damages can often include expenses like:

• Emergency treatment (i.e., ambulance transportation)
• Immediate and ongoing medical bills
• Lost wages and loss of earning capacity
• Property damage and repairs
• Disability-related costs
• Funeral expenses after the death of a loved one

What Documentation is Required to Calculate the Value of Special Damages?

Some insurers utilize their own formulas to calculate payouts, but their algorithm may greatly underestimate the actual value of damages.

To avoid an unfair settlement after being in an accident, do your best to keep track of all relevant costs. All documentation becomes evidence that can be used to prove your special damages when you file your claim or negotiate with the insurance company.

Important documents to keep track of might include:

• Copies of your hospital bills or doctor’s visits
• Out-of-pocket expenses that may not be covered (i.e., wheelchair ramps, in-home care, therapy)
• Repair estimates, receipts or documents detailing property damages
• Employer records and timesheets that show absent days and income loss

How Are General Damages Different from Special Damages?

General damages are non-economic damages that are harder to quantify. There are no receipts for the suffering you experienced due to your injury or the loss of a loved one. 

This is where the insurance company might use its formulas to calculate your losses because the value of general damages is subjective. They might look at things like the nature and severity of your injuries and if you suffer from any lasting impairments because of the accident.

Your special damages are often a variable in the equation they use to calculate your general damages payout, which is another reason why accurately calculating and documenting special damages is so important.

General damages include:

• Pain and suffering
• Disfigurement or deformity
• Loss of companionship (applies to wrongful death cases)
• Poor quality of life
• Emotional trauma
• Loss of enjoyment in daily activities

Common Personal Injury Cases that Cause Damages

• Car, truck or motorcycle accidents
• Slip and fall
• Medical malpractice
• Workers’ compensation
• Dog bites
• Product liability
• Wrongful death

Discuss Your Case with an Ohio Personal Injury Attorney

If you have been wrongfully injured and you believe you have a case, consider speaking with a personal injury attorney at the Buckeye Law Group Inc. We offer free consultations and require no upfront fees for residents across Ohio. Our attorneys operate out of offices in Cleveland, Columbus, Cincinnati, Dayton, Toledo and Akron.

At the Buckeye Law Group Inc., we handle the common types of personal injury cases from auto accidents to workers’ compensation and product liability.

Schedule a personal injury consultation with us today by calling 1-800-411-PAIN.