Special Damages

Special damages is another term for economic damages — the specific, quantifiable financial losses that a personal injury plaintiff has suffered as a direct result of the defendant's wrongful conduct. The term special in this context means particular and specific to the individual plaintiff's situation, as distinguished from general damages (or non-economic damages), which are presumed to follow naturally from the type of injury at issue. Special damages must be specifically pleaded and proved with documentation in a personal injury lawsuit.

Common categories of special damages include medical expenses — both those already incurred and those expected in the future — lost wages from missed work, reduced earning capacity if the injury permanently affects the ability to earn income, transportation costs to and from medical appointments, the cost of home modifications to accommodate a disability, the cost of hiring help for household tasks the plaintiff can no longer perform, and property damage or replacement costs. Each category requires documentation: medical bills, pay records, expert analysis, and receipts.

In many states' civil procedure rules, special damages must be specifically identified in the plaintiff's complaint and initial disclosures. This requirement ensures that the defendant has notice of the specific financial losses being claimed so they can investigate and contest those claims during discovery. The failure to properly plead special damages may result in their exclusion from trial, making careful pleading and thorough discovery a critical part of protecting the full value of a plaintiff's economic claim.

The preparation of a special damages claim requires close collaboration between the plaintiff's attorney, the client, and often a forensic accountant or economist. Medical billing experts may be needed to analyze the reasonableness of past medical expenses, particularly when insurance discounts and contractual write-offs complicate the picture of what the plaintiff actually lost. Future damages require expert projections about medical care costs, life expectancy, and wage growth. Comprehensive and well-documented special damages evidence is essential to achieving full and fair compensation.