If you suffer an injury because of someone else’s actions, you may need to file a personal injury lawsuit. In that lawsuit, you can seek compensation for “damages.” Damages are losses you have suffered due to the injury. But did you know there are different kinds of damages you might request to recover?
In many states, two big categories of damages are “special damages” and “general damages.” This blog will focus on special damages, sometimes called “economic damages.” You can measure these losses with a bill or receipt, like hospital costs or lost earnings.
If you or a loved one has suffered an injury in an accident caused by negligence, you should always contact a personal injury attorney to learn your rights and next steps.
In a personal injury lawsuit, you might have all kinds of losses after an accident:
All those losses can fall into different categories. Some harm is easy to measure with a dollar amount. For example, if you have a doctor’s bill for $2,000, that is a clear cost. You can show the jury that piece of paper with the amount.
But other harm is harder to measure, like pain, suffering, sadness, or fear. How do you put a price on that? Because of this difference, courts often split damages into two main groups:
Special damages are money-related losses you can prove with bills or pay stubs. Courts have long require
d that you specifically request special damages in your lawsuit papers. You must also prove them at trial.
These special damages can include:
The courts have said that special damages include hospital bills, doctor’s bills, lost time from work, and more. Your personal injury lawyer will organize and present these expenses in your lawsuit or claim. A seasoned attorney will ensure nothing is overlooked.
In many places, yes. A person filing a lawsuit (the plaintiff) usually has to list these mo
ney-related losses in the legal documents they give to the court and the person or business they are suing (the defendant). If you
fail to do this, you cannot collect those costs later.
This is where a trusted personal injury attorney comes in. They will calculate your special damages
ensuring you are not shortchanged.
Sometimes, you do not know how high your bills will go when you file your lawsuit. Maybe you still need more doctor visits. Courts have often said you can list a best guess in such cases. Or say, “The plaintiff requests all reasonable medical expenses that will be necessary.”
If your final bill is more than you first thought, you can usually ask the court to update (or “amend”) your lawsuit papers if you follow the right rules. However, aim for accuracy so the other side understands the general scope.
Let’s look at common items that courts have listed as special damages:
All of these must be stated clearly in your complaint (the lawsuit papers). You can list them separately so the judge and jury can see how you got the total amount.
To collect special damages, you must show they are real, necessary, and tied to the injury. The court wants to see proof that:
You can prove these facts with evidence like:
If the jury finds that your evidence is strong, they can award you the sum of these bills as part of your damages. A judge might even order a new trial if the jury ignores obvious proof of special damages. If a jury does not fully compensate a person for medical bills or lost earnings that are proven, a new trial may be needed.
General damages cover harm like pain and suffering, mental worry, or loss of enjoyment of life. Unlike a medical bill, you cannot simply hand the court a receipt that says, “Pain cost: $2,000.” Instead, the jury or judge must decide how much money fairly pays for that suffering.
Pain, suffering, and permanent injury are “compensatory damages” and differ from the money you spend on medical care or the money you lose from missing work (special damages). You need to plead special damages so the other side is ready to dispute or agree to them.
Special damages are the “easy to see” money losses, and general damages are “harder to see” or measure.
If a case goes to trial, the judge often gives the jury instructions that explain how to handle each category of damages. The jury may see something like this:
In some places, the judge instructs the jury on the amount of special damages claimed. If you said you wanted $5,000 for medical bills, the jury usually cannot give you more than $5,000 for that item (unless you properly changed your lawsuit papers). Also, the judge might say the jury should only give special damages if they believe the costs were related to the defendant’s wrongdoing.
Yes, sometimes. A judge might order a new trial if the jury gives you too little money to cover your proven expenses. Why? Because the law expects special damages to be fully covered once proven. You have receipts, bills, or pay stubs showing that you spent or lost the money directly because of the injury. If the jury gives you less than that amount, it might be unfair or against the weight of the evidence.
Not always. There are a few reasons why you might not get the full amount:
Even so, having good records and listing your costs from the start boosts your chance of recovering your out-of-pocket losses.
Imagine these scenarios:
You will list all of these (totaling $5,700) as special damages in your lawsuit.
If you show that the store’s owner was at fault for the fall, you can claim $2,300 in special damages.
In each case, you will still have general damages for your pain and suffering. But that will be a separate number for the jury to decide based on your testimony or other evidence.
Some courts or judges may tell jurors to write down separate amounts for special and general damages, then add them for a total. Others might allow a single lump sum. A single lump sum can make appeals more complicated. For example, if you want to argue that the jury ignored your hospital bills, it is easier to see the shortfall when the jury separately lists special damages at $0.
Some states have rules or forms that require the jury to separate the amounts. This helps the judge see if the jury gave you enough money for each item. A large lump sum can obscure how much the court allocates for medical costs, pain and suffering, or lost earnings.
In a complicated injury, you might have medical bills for multiple issues. If the defendant’s actions didn’t cause all the issues, the jury might separate them. For example, say you had a preexisting shoulder problem and then got into an accident. If some of your doctor visits were for your old shoulder issue, those might not be recoverable from the defendant. You will have to show which visits were only for the new injury.
Courts often say you can only collect for costs directly caused by the defendant’s negligence or wrongful act. You must provide proof that your bills link to the accident.
Sometimes, your doctor might say you have a permanent or partial injury that will require ongoing treatment. That can lead to future medical bills or loss of earning capacity if you can never return to the same job. But the courts often see “loss of future earnings” or “future medical costs” as somewhat different from your past bills.
You may need a doctor or a professional to explain your future medical needs and how much they might cost. This part can also be considered “special damages,” but it often requires more proof than a past bill. You do not want to guess blindly. A strong medical opinion can help the jury see why you need that future money.
Special damages can be a big part of your personal injury recovery. They cover the real, out-of-pocket costs for treatment, lost pay, and more. Courts generally want to ensure you are fully repaid for those costs when someone else caused your injuries. But to do that, you must:
If you are considering filing a lawsuit, contact a personal injury lawyer for help. Make sure to gather your medical bills, track your lost earnings, and keep a record of everything you have spent or lost because of your injury. Good documentation is one of your strongest tools when seeking special damages.
After an injury, seeking medical attention is the priority, the next most important step is to contact a skilled personal injury lawyer. You can protect your right to fair compensation with the right attorney. Special damages cover the costs you incur because of someone else’s wrongdoing. By understanding and using these principles, your personal injury attorney can build a stronger case and give you a better chance at a fair outcome. Don’t delay, call today.
