Key Points of this Article

• When you file a personal injury claim, you are compensated for two types of damages: economic and non-economic.
• Special damages refer to economic damages that have a monetary value.
• A personal injury attorney can help you calculate your special damages to ensure you are awarded a fair settlement.

When you are injured in a Kentucky car accident due to someone else’s negligence, you can file a personal injury claim to recover compensation for the things you have suffered as a result of the accident, such as your injuries and car damage. In legal terms, these things are known as damages.

When you file your claim, there are two types of damages you can be compensated for: economic and non-economic damages. These damages may also be referred to as special damages and general damages.

So, what are special damages in a personal injury case? Let’s dive in and find out.

Types of Cases That Result in Damages

First, before talking specifically about damages, it helps to understand what types of cases you can file a personal injury claim for to recover special damages.

Car accidents are some of the most common types of accidents that result in personal injury claims being filed. However, they are not the only kind. Other common examples of incidents that can lead to a personal injury claim include the following:

• Bicycle accidents
• Pedestrian accidents
• Boating accidents
• Medical malpractice
• Product liability
• Dog attacks
• Slip and fall accidents
• Nursing home abuse and neglect

What Are Special Damages in a Personal Injury Case?

So, when someone’s negligence causes you harm, you have the right to file a claim against them or their insurance company to recover compensation. That compensation is intended to help you pay for the things that you have suffered as a result of the accident.

However, not all things that a person suffers have a monetary value. This is where the two separate types of damages come into play.

General Damages vs. Special Damages

The two types of damages you can be compensated for are economic and non-economic damages. Economic damages, also known as special damages, compensate you for things that have a monetary value. In contrast, the non-economic damages compensate you for things that don’t inherently have a monetary value.

Special Damages in Personal Injury Claims

Special damages are the economic damages that compensate you for your out-of-pocket expenses that resulted from the accident. In a personal injury case, the special damages are the easiest to calculate because they have a very specific monetary value. These damages are considered “special” because they are unique to each case, as the expenses someone has after an accident can vary depending on their individual situation.

In addition, personal injury lawyers often employ expert witnesses to help prove the extent of special damages. Examples include:

• Vocational experts to prove the impact an injury has on someone’s ability to do their job or any job
• Economists to appropriately project the extent of wage loss and damage to someone’s earning capacity in the event of an injury or death.
• Life Care Planner to work through future medical expenses and needs and identify the appropriate costs.

Specific types of special damages in personal injury claims can include:

• Medical expenses (hospital bills, doctor’s visits, etc.)
• Ongoing care costs (therapy, rehabilitation, etc.)
• Lost wages or loss of earning capacity
• Replacement or repair of property damage
• Compensation for irreplaceable items
• Personal care costs or household assistance costs
• Cost of living with a disability or permanent impairment

General Damages in Personal Injury Claims

General damages are the non-economic damages that compensate you for things that have no set monetary value but are still things that you suffer as the result of an accident. These damages are not as easy to calculate as they have no set value, but they can make up a significant portion of the claim.

Common types of general damages awarded in personal injury claims include:

• Pain and suffering
• Emotional anguish or distress
• Mental trauma
• Disfigurement
• Loss of enjoyment of life
• Loss of consortium or companionship
• Reduced quality of life

Calculating Special Damages

Special damages case laws do not specify a specific amount that is to be paid out to the injured party. Instead, damages are calculated based on various factors that are specific to each case, as every case is unique.

With special damages specifically, the best way to ensure they are calculated properly and that you are awarded the full amount you deserve is to keep copies of all documents for your out-of-pocket expenses and other financial losses. You should also gather as much evidence from the accident as possible to turn over, as this will also help the court or insurance companies determine what you are owed.

Examples of evidence and documentation that can be used to help calculate your special damages include:

• Medical bills
• Repair costs and estimates
• Valuations of property that was lost or damaged
• Records from your job showing how many days you have missed and how much income you have missed out on
• Receipts and documentation from any other out-of-pocket expenses related to the accident and your injuries

While special damages are easier to calculate, it can be challenging to put an exact dollar amount on certain things. And the general damages can be very tricky to calculate. As such, it’s crucial that you work with a personal injury attorney when filing your claim. An attorney can help you gather all necessary information and help you determine the value of all the damages you have suffered to ensure you are awarded the full and fair settlement you deserve.

Kentucky Personal Injury Lawyers – Rhoads & Rhoads

At Rhoads & Rhoads, our personal injury accident attorneys fight hard for our clients to ensure their rights are protected. Understanding what you can be compensated for and how the amount is calculated can be challenging, but we are here to help. Let us handle your case and win you a fair settlement so you can get back to living your life.

Call us at 888-709-9329 to schedule an appointment with one of our Madisonville or Owensboro personal injury attorneys. We offer free initial consultations, and all cases are taken on a contingency fee basis, so no initial payment is required.

We get paid only if we win or settle your case, and there is NO RISK involved.