What Are Special Damages in Personal Injury?

Personal injury cases are some of the most common lawsuits Pennsylvania residents file. These cases generally involve both general and special damages, and if you are the victim of a personal injury, it’s essential that you understand what these terms mean and how they might affect the compensation that you receive.

Personal injury cases can be complex, and before you can understand what special damages are in a personal injury case, it’s helpful to have a better view of the full picture. Here is everything you need to know about special damages, as well as the other types of damages that are often present in a personal injury case.

What is Personal Injury Compensation?

In the state of Pennsylvania and most other states around the country, victims of personal injuries are entitled to personal injury compensation. Victims of personal injuries can incur all sorts of losses, including financial hardships from medical bills and lost wages, as well as significant emotional stress and permanent reductions in their everyday quality of life.

While oftentimes no amount of money can make up for these losses, personal injury compensation is money that is given to the victim to compensate them for their hardships.

Compensatory Damages vs. Punitive Damages

When calculating the dollar amount that someone is owed after a personal injury, this compensation can essentially be split up into two different types of damages. 

The first type of damages is compensatory damages. Special damages, as well as general damages, fall into this category, and these types of damages do precisely what their name states. They act as a way to compensate the victim for the losses that they incurred due to the accident. 

The second type of damages that a personal injury victim may receive is punitive damages. This type of damage is much less common, and most personal injury victims don’t receive them at all because they don’t cover any expenses or other losses. Punitive damages are instead given to a victim as a way to punish the defendant in cases of extreme negligence and discourage anyone else from acting similarly in the future.

a lawyer shaking hands with their client after agreeing on a personal injury settlement

What Are Special Damages in a Personal Injury Case?

Special damages, or economic damages, fall under the compensatory side of things. These damages act to compensate personal injury victims for the financial losses that they suffer due to an accident. 

These types of damages cover a number of different financial losses, from medical bills and property damage to wages that the victim loses while they recover. They can also cover any future medication or rehab that the victim needs to pay for in the future, as well as any further medical care that the victim may need due to the injury in the future. 

Special damages in a personal injury case are generally the easiest type of damages to calculate because they have exact, provable dollar amounts. All a victim needs to do is collect their medical bills, past pay stubs, and potentially any receipts from lost property, and they’ll be able to add it all up and put an exact number on the special damages that the victim should receive.

What Are General Damages in a Personal Injury Case?

In addition to special damages, personal injury victims can also receive general damages after an accident. These damages are a bit more abstract and can be a lot harder to put a dollar amount on, but they can still be a significant portion of the compensation that a victim receives. 

General damages don’t compensate a personal injury victim for financial losses like special damages do. They instead act as compensation for all the emotional distress and psychological trauma that a victim goes through during and after an accident. 

Personal injuries can be incredibly traumatic for their victims and can have long-lasting effects on someone’s everyday quality of life. Even someone who walks away from an accident with only a few broken bones goes through a lot of trauma, but many aren’t so lucky. Some victims come out of their accidents with permanent disabilities that will affect them for the rest of their lives. 

While it’s incredibly difficult to put a value on the ramifications of these types of injuries, general damages can act as a silver lining that, at the very least, attempt to compensate a personal injury victim for their pain and suffering, both past and future.

a scale of justice next to a laptop on a desk at a personal injury law firm

Contact HoeyLegal Today

Are you or someone you know the recent victim of a personal injury? Are you looking for a personal injury lawyer that you can trust to win your case? Give HoeyLegal a call.

Here at HoeyLegal, we’re proud to be Chester County’s leading personal injury law firm. With decades of legal experience and countless won personal injury cases under our belts, you can trust that we have what it takes to get you the compensation you deserve.

From car accidents and slips and falls to medical malpractice, nursing home abuse, and many more, our team understands just how stressful dealing with these situations can be, but we believe that no one should have to suffer through these situations alone. Our team is always here to be your trusted advocate during such hard times, and we’ll even offer you a free legal consultation to help you get the ball rolling. 

Don’t settle for a penny less than what you deserve. Call HoeyLegal and get the expert legal representation you need to win your personal injury case today!

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.