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Personal Injury Glossary

Special Damages

Definition
What are special damages: they are the specific, itemized economic losses caused by an injury — medical bills, lost wages, and property damage — each one calculable with a bill, pay stub, or receipt, unlike the pain-and-suffering losses that make up general damages.

What are special damages? They are the concrete, itemized economic losses caused by an injury — the kind you can attach a specific dollar figure to using a bill, receipt, or pay stub.

Medical expenses, lost wages, property damage, and out-of-pocket costs like medication or travel to appointments are all typical special damages.

They stand in contrast to general damages, which compensate for pain, suffering, and other losses that do not come with a receipt attached.

What Counts As Special Damages

Common categories include medical bills already incurred, projected future medical costs, lost wages during recovery, lost earning capacity if the injury has lasting effects, and property damage such as vehicle repair costs.

Smaller items add up too — mileage to medical appointments, prescription costs, home health aide expenses, and equipment like a wheelchair or brace are all typically special damages if properly documented.

The unifying feature is that each item is objectively calculable, generally supported by a document, and not a matter of subjective judgment the way pain and suffering is.

Special Damages vs General Damages

Economic damages, also called special damages, cover the financial losses that can be documented and added up.

General damages cover harder-to-quantify losses like pain, emotional distress, and loss of enjoyment of life — real losses, but ones without a bill attached.

Together, special and general damages make up the total compensatory damages sought in a personal injury claim, and both categories generally need to be presented clearly for a full recovery.

Why Documentation Matters So Much

Because special damages are meant to be objectively provable, thorough documentation — every bill, every pay stub, every receipt — directly affects how much of the loss can actually be recovered.

Gaps in documentation, missed bills, or unclear wage records can shrink a special damages claim even when the underlying loss was real.

This is part of why keeping organized records from the start of treatment through the end of recovery makes a meaningful difference in the value of a claim.

In Short

Key Takeaways

  • Special damages are itemized, calculable economic losses like medical bills and lost wages.
  • They contrast with general damages, which cover pain and suffering without a specific bill.
  • Common categories include medical costs, lost income, property damage, and out-of-pocket expenses.
  • Together, special and general damages make up total compensatory damages.
  • Thorough documentation directly determines how much of a special damages claim can be recovered.
  • Even small, ongoing costs like mileage and medication should be tracked and kept.
Common Questions

Frequently Asked Questions

What are special damages in a personal injury claim?

They are the itemized economic losses caused by the injury — medical bills, lost wages, property damage, and similar out-of-pocket costs — each one supported by a document like a bill or receipt.

What is the difference between special and general damages?

Special damages are calculable financial losses with a paper trail. General damages cover pain, suffering, and similar harms that do not come with a bill, and are valued differently.

Why does documentation matter so much for special damages?

Because these losses are meant to be objectively provable, missing bills or unclear wage records can directly shrink what is recoverable, even when the underlying loss was real.

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