In personal injury cases, compensation includes two factors: general damages and special damages.
General damages refers to the compensation that is paid to a plaintiff for their pain and suffering, and the loss of amenities as a result of the injuries they suffered in an accident. These injuries may be physiological or psychological or both.
Special damages refer to any tangible financial losses incurred by the plaintiff due to the accident. It is the monetary relief awarded to plaintiffs for covering out-of-pocket expenses incurred by them. They are also known as economic damages and determining this amount is pretty straightforward. They are calculated on the basis of fair market values at the time of the plaintiff’s injury.
What Special Damages Mean in Kamuela
As per personal injury law, special damages are awarded to a plaintiff with a valid personal injury claim. These are given as the plaintiff would not have been in the situation that are in had the injury not occurred.
In most personal injury cases, the plaintiff is required to clearly state their special damages in the form of a specific amount before the trial. It is, therefore, crucial to calculate the damages accurately as it will play a huge role in determining the worth of your personal injury claim.
While every personal injury case is different, claiming special damages is a plaintiff’s right. It compensates for the expenses they incur as a direct result of the injury, while also making future considerations.
If you’ve been a victim in a personal injury case, and are incurring expenses due to the injuries you sustained, it is best to get in touch with a seasoned Kamuela personal injury lawyer. Only a reliable attorney can help you determine which factors you can include in your personal injury claim and what kind of evidence you will need to prove your losses.
What Do Special Damages Cover in Kamuela?
As mentioned, special damages or economic damages take account of losses can be quantified and calculated to arrive at a specific amount. These damages include the following:
a) Short-term medical expenses: These include the doctor’s consultation fees, hospital bills and other expenses related to treatment, medication, diagnosis, and hospital stay.
b) Long-term medical expenses: These include long-term physiotherapy and other medical treatments that the plaintiff has to undergo due of the accident.
c) Loss of income and wages: These include future and past losses incurred by the plaintiff. The plaintiff can claim this if they received a salary cut or lost out on a monetary bonus/perks or had to stay away from work for a period of time due to their injuries.
d) Loss of earning capacity: A plaintiff can claim this if they were unable to return to their employment and were forced to take up a lower-paying job due to their injuries.
e) Transportation costs: These include expenses related to travelling to and from the hospital for visits.
f) Costs for repairing or replacing damaged property: Plaintiffs can claim this if their personal property was damaged in the accident.
g) Loss of rare or irreplaceable items: A plaintiff is eligible for claiming this if they lost items of personal value in the accident.
h) Caretaker expenses: These include expenses related to caretaker’s charges.
Special Damages Are Different from General Damages
Special damages should not be confused with general damages. The latter is awarded to plaintiffs for intangible losses. Calculating these damages is, therefore, complex.
While each Hawaii personal injury case is different, general damages typically consider losses related to:
- Physical pain and suffering
- Physical disfigurement
- Physical impairment
- Emotional distress
- Mental anguish
- Loss of consortium
- Lowered qualify of life
How to Calculate Special Damages in Kamuela?
Calculating special damages is easier compared to calculating general damages.
Special damages are determined by considering actual costs. In fact, all the expenses that the plaintiff was forced to incur as a direct result of the accident are considered.
In order to receive the maximum compensation due to you, you should back your claim with undeniable evidence of your losses. This involves steps such as retaining the medical receipts and records of all expenses directly associated with the accident.
Further, special damages include future costs related to medical care and loss of income that will arise due to the injury suffered by the plaintiff. However, it may be a bit tricky to arrive at a specific amount when it comes to future costs arising from the injury. This is where an experienced Kamuela personal injury lawyer can be immensely helpful. They may consider the use of expert witnesses and other evidence to determine an accurate and fair amount.
Personal injury lawsuits involve calculating the accurate amount of compensation to award to plaintiffs for their losses. If you have any trouble at all in understanding your personal injury claim and calculating the damages correctly, get in touch with experienced Kamuela personal injury lawyers. They will guide you through the legal process by gathering strong evidence of your injuries and suffering, identifying possible claims, talking to expert witnesses, and advocating for you in court.