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Special damages compensate for out-of-pocket expenses incurred by a person or business entity due to injury or harm. This includes lost wages, medical expenses, and vehicle repair costs. The plaintiff’s health or auto insurance company may make a subrogation claim to recover expenses paid. The court determines if the expenses were caused by the defendant’s actions or negligence.
Special damages are awarded in a lawsuit to a person or business entity who has been injured or harmed. Unlike general damages, which are meant to compensate for intangibles such as pain and suffering, this type of damages is meant to cover out-of-pocket expenses that the plaintiff has incurred. There is always a specific dollar figure that is sought in this type of legal remedy.
One of the types of expenses that falls under the category of special damages is lost wages. The injured person is entitled to compensation for the financial loss they have suffered while recovering from injuries sustained in an accident. In the case of a person who is disabled and unable to work due to the extent of the injuries sustained, the compensation for damages may contain an amount for lost future earnings.
Special damages may also be recognized for the reimbursement of medical expenses and related expenses. These damages may be the subject of a subrogation claim from the plaintiff’s medical insurance company. This is a standard practice among insurers that exists for their financial protection.
The plaintiff’s health insurer pays the benefits under the policy up to his life limits. The company keeps track of the amounts paid in relation to expenses incurred as a result of the accident. If the plaintiff is able to recover monetary compensation to pay for his medical bills, this portion of the settlement is forwarded to the health insurance company in settlement of his surrogate claim.
This type of claim also comes into play when special damages are awarded to compensate the driver of a vehicle damaged in an accident for repair costs. The insurer pays on the policy and if the vehicle owner receives compensation for the same damages from the other driver or his insurance company, the owner’s insurance company can attempt to recover the amount he previously paid. A policyholder can find a reference to this type of benefit in the language of the policy.
If the compensation sought is one that can be supported with a specific dollar value or receipts for money paid, then it falls into the category of special damages. The court then determines whether those expenses were incurred as a result of the defendant’s actions or negligence. In that case, the plaintiff can be compensated for the damage.
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