In civil lawsuits, most plaintiffs file a suit seeking compensation for damages. In the context of law, “damages” refer to the monetary compensation awarded to a person who has suffered loss or injury due to the negligent or intentional act of another party. The primary purpose of the claim is to seek compensation for monetary losses (e.g., special damages), though non-financial losses are also sought in certain circumstances.
Special damages, also known as economic damages, are specific, out-of-pocket expenses that a claimant incurs as a direct result of their injury. Unlike general damages, which are non-economic and relate to pain and suffering, special damages can be calculated and proven with bills, receipts, and records. Special damages include, but are not limited to:
Proving and calculating special damages in personal injury claims involves a rigorous process of documentation, verification, quantification, and correlation. Steps you should take to prove special damages include:
Given the complexity and the fact that the claimant bears the burden of proof, it is often advisable to consult with a personal injury attorney to ensure that the special damages are accurately calculated, and all future losses are properly estimated.
Calculating special damages in personal injury claims involves several steps:
Various states across the U.S. have implemented caps on certain types of damages in personal injury cases, including special damages. However, it’s important to note that these caps vary greatly from one jurisdiction to another.
In Texas, there are no hard limits or caps placed on special damages, which means a claimant can recover the full amount of quantifiable economic losses. These monetary damages could include medical expenses, lost earnings, property damage, and other out-of-pocket expenses resulting directly from the injury.
However, it’s worth noting that Texas does impose caps on non-economic damages, such as pain and suffering, in certain scenarios. For example, in medical malpractice cases, Texas law sets a cap of $250,000 on non-economic damages per claimant against a single healthcare institution.
Therefore, while special damages are not capped, the total compensation a claimant may receive could still be limited by these restrictions on non-economic damages. It’s always recommended to consult with a knowledgeable personal injury attorney to understand the full extent of potential compensation in a personal injury claim.
Thompson Law is equipped with a team of experienced personal injury attorneys who specialize in handling cases involving special damages. Our legal experts will provide a thorough evaluation of your case, helping you understand if you are eligible to file a claim for special damages.
We guide our clients through the meticulous process of documentation and quantification required in these cases. From gathering medical bills and prescription receipts to calculating lost wages and future earnings, our team is there to ensure no detail is overlooked.
If your case involves predicting future losses such as medical expenses or lost earning capacity, we collaborate with medical professionals, vocational experts, and economists to provide an accurate estimation. With Thompson Law, you can rest assured that your special damages claim will be rigorously prepared, maximizing your chances of receiving the compensation you deserve. Further, we can help you understand if your claim qualifies for other types of damages, such as general damages and punitive damages.
If you’ve been injured due to someone else’s negligence, contact Thompson Law for a FREE CONSULTATION. Our attorneys will help you understand what damages you claim, and guide you through the injury claim process.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.