What are Special Injuries in a Personal Injury Case?

Personal injuries are a common occurrence and can happen to anyone at any time. Be it a slip-and-fall accident, a car collision, or a medical malpractice case, getting injured due to someone else’s negligence can be devastating. Such incidents often lead to physical, emotional, and financial losses.

If you have been in an accident, you may have heard of the terms “special injuries” or “special damages.”

What are special injuries and how they can impact your personal injury lawsuit?

What are Special Injuries?

Special injuries are damages suffered by the plaintiff in a personal injury lawsuit that is beyond normal physical or emotional damages. These injuries usually refer to the economic and monetary losses that a plaintiff incurs as a result of the accident. These losses can be quantified in financial terms and are generally calculable.

Special damages include loss of income, medical bills, and property damage, among others. These damages are unique to each individual case. They require documentation and proof if you wish to present them to the court.

Loss of Earning Capacity

Another significant type of special damage is the loss of future earning capacity. In cases where the plaintiff’s injuries are severe, the loss of their ability to earn a living in the future may be a crucial factor in their case.

The loss of future earning capacity is evaluated based on a plaintiff’s:

• Work history
• Education
• Skill set
• Other factors

Expert witnesses calculate these losses. They also provide a detailed report estimating the plaintiff’s future loss of income due to the injury.

Non-Economic Losses

Along with the economic losses, special damages also include non-economic losses, such as pain and suffering. These damages refer to the emotional and mental suffering the accident caused.

The court recognizes that victims experience intangible issues as a result of an accident, including:

• Severe emotional trauma
• Depression
• Anxiety
• Other psychological effects

These intangible losses are much harder to quantify, which is why the plaintiff’s testimony and expert witness reports are essential in presenting the court with a clear picture.

Long-Term Medical Care

In cases where the injuries are particularly severe, the plaintiff may require long-term medical care, such as rehabilitation, physical therapy, or home health care. The cost of such care is also covered under the umbrella of special damages. These costs can be significant, and it may be necessary to involve medical experts and economists to estimate the expenses involved.

Were you involved in an accident? Did you suffer injuries of any kind?

You must consult a legal expert to evaluate your case. Special damages are a crucial element in deciding the financial compensation that you deserve. Along with the medical costs and lost wages, it is essential to take into account the non-economic damages such as pain and suffering, and the loss of future earning capacity.

With the help of experts, you can present an accurate assessment of the special damages suffered by you and receive a fair monetary settlement that compensates you for all your losses. Remember, your injury may have been life-altering, but it doesn’t have to affect your future.

For more information or to schedule a consultation to discuss your options if you’ve been injured, contact Shugarman & Mehring at 410.783.4200 or toll-free at 888.342.7200.