Introduction
For both the injured parties and lawyers, the various types of damages that pertain to personal injury claims are essential. Special damages are one of these types, and they are crucial in determining what a victim may receive. This article explains the concept of special damages, how special damages differ from other damages, as well as the role of medical records review in supporting a claim of special damages.
What Are Special Damages?
Special damages are referred to as economic damages, which concern concrete lost resources because of an injury. General damages, in contrast, pertain to non-economic losses suffered due to the injury, which are subjective in nature. Thus, unlike general damages, special damages are capable of being estimated with accuracy.
Key Characteristics of Special Damages
• Money Dependent: Special damages are monetary in nature.
• Recordable: There should be supporting records such as medical bills, payslips, etc.
• Causation: These damages are incurred as results of the injuries sustained..
Types of Special Damages
Understanding the various types of special damages is essential for accurately assessing a personal injury claim.
Medical Expenses
Medical expenses are often the most significant component of special damages. They include:
- Emergency Room Visits- Costs incurred during the necessary immediate medical treatment after an accident.
- Surgical Procedures- Costs incurred from any surgeries, which were performed as a result of the injury.
- Rehabilitation Costs- Physical therapy and other rehabilitation services, among others.
- Medications- Consultation fees and costs for prescription and pharmacy medicines.
Lost Wages
Victims may also claim lost wages as part of their special damages. This includes:
- Time off Work- Loss in payment for days or weeks that were missed because of the injury.
- Reduced Earning Capacity- If the injury has a bearing on the victim’s ability to earn income in the future; this loss can also be claimed.
Property Damage
In many personal injury cases, property damage is a significant factor. This can include:
- Vehicle Repairs- Costs incurred in the repair or purchase of a vehicle that has been damaged.
- Personal Property- Damages for personal belongings, such as wearing apparel and even electronic items that may have been destroyed.
Future Economic Losses
In some cases, victims may experience long-term effects from their injuries, leading to future economic losses. This can include:
- On-going Medical Treatment- Future healthcare costs that are expected due to the existing injury.
- Long-Term Disability: Compensation for the loss of future earning potential due to permanent disability.
How Special Damages Differ from General Damages
While special damages are quantifiable, general damages cover non-economic losses that are more subjective. Understanding this distinction is crucial for attorneys when building a case.
General Damages Include:
- Pain & Suffering: Hardship from emotional pain and physical suffering
- Loss of Consortium – Damage awarded to partners for the loss of companionship.
- Emotional Distress: Hardship from an injury that impacts personality.
The Role of Medical Records Review in Personal Injury Claims
Medical records review is a critical service for attorneys handling personal injury cases. This process involves:
- Assessment of Medical Evidence: Conducting a detailed analysis of the medical records to ascertain the level of injuries and treatment received.
- Tracking of Treatment Activities: Tracking the treatments, procedures, and any expenditure incurred to validate the claims regarding special damages.
Benefits for Attorneys
- Strengthening Cases: A thorough medical records review can provide critical evidence to support claims for special damages.
- Enhancing Credibility: Accurate medical documentation enhances the credibility of the case in court, making it easier to argue for fair compensation.
Case Studies
Case Study 1: Car Accident Resulting in Medical Expenses
Overview: The individual involved in the vehicle accident suffered injuries and ‘band-aided his wounds’ through considerable medical expenses.
Challenges: Determining the complete self-paid medical expenses, and foregone wages.
Solutions: Through examination of every single medical record, the costs incurred for treatments, the previous expenses, and some speculative ones related to the future rehabilitation were all registered.
Case Study 2: Slip and Fall Incident Leading to Long-Term Disability
Overview: The victim of this type of case suffered a fracture of a leg bone and was disabled for years after falling in a grocery store.
Challenges: Proving the injuries sustained and its effects on the earning capacity in the future.
Solutions: Examination of the Medical Records showed the injury’s intensity and the treatment procedures required over the course. Further, he was able to testify to his earning capacity which was less than what he used to earn.
Conclusion
The ability to calculate damages is important even for the injury victims and personal injury lawyers who litigate claims. Because attorneys can treat these claims based upon medical records review, acceptable arguments can be presented to plead before the glove of justice for the rehabilitation of the injured party.
