In a personal injury case, special damages, also known as economic damages, are the measurable financial losses you experience due to your injury. These damages have specific dollar amounts that can be calculated and documented through bills, receipts, and other financial records. They can also include projected future expenses or lost wages.
Special damages in personal injury cases are the foundation for compensation packages after an accident. Another part, general damages, covers pain and suffering and other non-economic damages.
Our Los Angeles personal injury lawyers can help you estimate the special damages in your personal injury case. Here’s what you need to know about special damages and how they are tallied.
What Are Some Examples of Special Damages in a Personal Injury Case?
Medical expenses are at the heart of most special damages claims. These include hospital bills, medication costs, rehabilitation expenses, and future medical care. You may also be able to claim the costs of mental health treatment related to your injury.
Another component is lost wages and reduced earning capacity. This includes immediate lost income and potential future earnings from your injury. We can help document how your injuries affect your ability to perform your job duties or advance in your career and the costs associated with them.
Property damage, transportation costs to medical appointments, and modifications to your home or vehicle also qualify as special damages. Even seemingly minor expenses like parking fees at medical facilities or the cost of prescription delivery services can be included in your claim.
How Are Special Damages Calculated?
Insurance companies and courts calculate special damages by adding up all financial losses related to your injury. This includes both current expenses and projected future costs. Each expense must be supported by documentation showing how the expense relates to your injury.
You must maintain detailed records of all expenses, including receipts, bills, and pay stubs to prove your special damages. Creating an organized system to track these expenses from day one will strengthen your claim significantly. A lawyer can help you do that or do it for you.
Your attorney may also work with financial experts to accurately project long-term economic losses, like the money you would have earned had you not become disabled. They may also consult with life care planning specialists to determine the full scope of future medical needs.
What Documentary Evidence Supports Special Damages Claims?
Here is some of the evidence you should gather for your personal injury case to prove special damages:
- Medical Documentation: Keep all hospital bills, doctors’ invoices, prescription receipts, rehabilitation costs, and records of any medical equipment purchases. Also, keep copies of your medical records and treatment plans.
- Income-Related Documents: Save your pay stubs, W-2 forms, tax returns, correspondence about missed work, and any documentation showing lost bonuses or promotions. Self-employed individuals should keep detailed business records and client contracts.
- Property Damage Evidence: Collect repair estimates, replacement receipts, photos of damaged property, and any expert evaluations. Document all personal items damaged in the accident, such as clothing or electronics.
- Additional Expense Records: Save receipts for transportation to medical appointments, parking fees, home modification costs, and any other out-of-pocket expenses related to your injury. Keep a detailed log of mileage for medical visits.
It’s up to the lawyer to convince the insurers that you are owed money for these costs and lost economic opportunities through this evidence. Your lawyer may have additional recommendations depending on the nature of your case.
How Long Do You Have to Claim Special Damages?
The sooner you begin working with an attorney, the more effectively we can gather and preserve crucial evidence. Waiting too long may result in lost evidence or missed compensation opportunities due to the statute of limitations on personal injury in California.
In California, you typically have two years from the date of your injury to file a personal injury lawsuit. This legal deadline, known as the statute of limitations, is strictly enforced by courts. Some cases may have different deadlines, particularly if they involve government entities.
Do Insurance Companies Cover All Special Damages?
Insurance coverage for special damages depends on policy limits, the type of insurance involved, and the evidence. Most insurance policies have maximum payout limits that might not cover all your losses, especially in cases of catastrophic injuries.
Multiple insurance policies may apply in your case, including the at-fault party’s liability insurance, your own health insurance, and possibly umbrella policies. We can help identify all potential sources of compensation, including secondary policies that might provide additional coverage.
When insurance coverage falls short, we can explore other avenues for recovering your total special damages. This might include pursuing claims against additional responsible parties or negotiating with healthcare providers to reduce medical bills.
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Your special damages claim deserves careful attention and professional guidance. At Omega Law Group Accident & Injury Attorneys, our team has helped numerous clients win special damages in their cases. Our attorneys will work diligently to document all aspects of your losses and build the strongest possible case.
Contact us today for a free consultation. We’ll help you understand your rights and options while working to secure the compensation you deserve. Our commitment to putting our clients first means you’ll have dedicated legal support throughout your journey to recovery.
