What are special damages in personal injury cases? It’s a question we hear often at Anderson, Cummings & Drawhorn, and for good reason. When you’re injured due to someone else’s negligence, it’s only natural to want to understand how the law accounts for your tangible financial losses. Special damages refer to monetary compensation awarded for specific, measurable expenses that arise directly from an injury. These damages aim to reimburse you for what you’ve spent or lost, helping you return to your previous financial standing.
Key Characteristics Of Special Damages:
Quantifiable:
Unlike general damages, which deal with emotional harm or pain and suffering, special damages are rooted in a clear numerical value. They are calculated using concrete evidence like receipts, invoices, and bank statements. That means they are not subject to interpretation — if you have documentation, you can prove them.
Specific:
What sets special damages apart is their direct connection to the incident in question. Every cost you seek to recover must be tied to the injury event. For instance, transportation costs to medical appointments or childcare expenses while recovering could qualify if they are directly attributable to your injury.
Economic:
These damages fall under the umbrella of economic compensation. According to Texas Civil Practice and Remedies Code Chapter 41, “economic damages” include compensation for actual monetary loss and do not cover subjective elements like mental anguish or reputational harm.
Examples:
There is a wide range of out-of-pocket expenses that qualify as special damages. These include hospital bills, physical therapy receipts, pay stubs showing missed workdays, repair estimates for damaged property, and even travel costs incurred while seeking medical care. Each item must be individually proven through documentation. If those costs are not itemized and presented with clarity, a court may deny full recovery, which is why detailed recordkeeping is critical in any injury claim.
Special Damages In Personal Injury Cases:
Personal injury claims hinge heavily on your ability to demonstrate not only that you were harmed, but also that the harm came at a measurable cost. Here’s how special damages frequently appear in Texas personal injury claims:
Medical Expenses:
Treatment-related expenses form the foundation of most special damages claims. This includes emergency room visits, surgeries, prescription medications, imaging scans, rehabilitation services, and follow-up care. We often see clients accumulate significant medical bills quickly after an incident, and it’s our responsibility to ensure those expenses are accounted for.
For serious injuries, future treatment needs are also considered when calculating compensation. A client dealing with long-term complications may need physical therapy for years, and we work diligently to ensure those costs are not overlooked.
Lost Wages:
When injuries interfere with your ability to work temporarily or permanently, the lost income becomes part of your compensation claim. This applies not only to full-time employment but also to freelance or gig work. We’ll typically support these claims with prior income records, timesheets, or employer verification. If your injuries forced you to use paid time off, that too may be reimbursed.
Additionally, we gather expert evaluations for those whose injuries have impacted future earning capacity to reflect the true scope of lost opportunities. A broken hand may temporarily stop a construction worker’s income, but the long-term effects can linger, making specific jobs impossible.
Property Damage:
Not all harm from a personal injury case is physical. If your vehicle was wrecked, your cellphone shattered, or your clothing ruined in the incident, these tangible items fall under special damages. Estimating their value or repair costs and proving ownership and damage allows us to pursue fair compensation on your behalf.
The more thorough the documentation, the smoother the process. We assist our clients in gathering everything from mechanic statements to appraisals to ensure nothing is left out.
Future Expenses:
According to Texas Civil Practice and Remedies Code Chapter 41, Future damages refer to costs reasonably expected to occur after the date of judgment. If your injury will require ongoing treatment, such as follow-up surgeries, long-term therapy, or in-home care, these future financial obligations are recoverable under Texas law. We collaborate closely with medical professionals and life care planners to ensure these estimates are realistic and thoroughly documented.
We often prepare detailed life care plans that project decades into the future, especially for catastrophic injuries. We present these critical costs clearly and accurately, from future surgeries to assistive equipment.
Let Us Help You Understand And Recover Special Damages
If you’re facing rising expenses after an injury, it’s time to understand what compensation the law allows. At Anderson, Cummings & Drawhorn, we’re committed to helping our clients in Texas document, present, and recover special damages with precision and care.
Call us today at 817-920-9000 to get started with a free case review and take the first step toward restoring your financial stability.