What does it mean to prove special damages?
Asked by: Eloise Stamm | Last update: January 5, 2026Score: 4.2/5 (37 votes)
Special damages compensate the victim for economic, out-of-pocket losses caused by the accident. You can typically calculate special damages in a fairly straightforward manner. Receipts, invoices, or the fair market value of damaged property can be used to prove your special damages.
What is an example of a special damage?
In tort law, special damages are damages like car dents or medical expenses that can actually be ascertained, and they are contrasted with general damages , which refer to damages for things like intentional infliction of emotional distress which do not have a set monetary cost.
Which of the following would be considered special damages?
- medical bills and medical expenses (including ambulance rides, ER visits, rehabilitation, physical therapy, medications, etc.),
- lost wages or loss of earnings,
- future lost earning capacity,
- property damage (such as car repairs, replacing damaged property, or reimbursements of irreplaceable property), and.
What's included in special damages?
Special damages examples may include:
The cost of making modifications to your home or car to meet your needs. Travel or accommodation costs for you and your family, while they cared for you. Repair or replacement costs - such as repairs to a car or bike after a road traffic accident.
What is without proof of special damages?
Without proof of special damage means, that the Plaintiff need not prove that she has suffered any resulting damages, as any damage is presumed because of the nature of the defamation.
What are 'special damages' in a civil claim?
How do you prove damages?
Proof: What evidence do you have to prove your side
Collect evidence proving your position. If you are the plaintiff, this could be evidence showing the damage, cost of repairing the damage, and who's responsible for the damage. This might include a police report, photographs, repair bills, proof of payment.
What things do special damages compensate the plaintiff for?
Special damages are meant to compensate the plaintiff for the losses they have suffered because of the defendant's conduct. These may include any out-of-pocket expenses associated with the plaintiff's injuries or the incident itself, ranging from property damage to medical care to lost earnings.
What qualifies as damages?
In civil cases , damages are the remedy that a party requests the court award in order to try to make the injured party whole. Typically damage awards are in the form of monetary compensation to the harmed party. Damages are imposed if the court finds that a party breached a duty under contract or violated some right.
What are vindictive damages?
They are also sometimes called “exemplary damages” or “vindictive damages” because they are meant to make an example of the defendant, deter others from engaging in the same conduct, and vindicate society's injury in the harm that was done.
What is special damages in pain and suffering?
Pain and suffering falls in the general damages category. They are awarded in addition to the special damages, which include compensation for the actual monetary losses incurred, such as medical bills, lost wages and cost of therapy.
What is another name for special damages?
General Damages vs Special Damages Defined
They compensate an injured individual for non-monetary damages that are incurred in a personal injury claim. Special damages (also referred to as “economic” damages) are monetary awards for things that are easily calculated, like medical invoices and automotive repair bills.
Is emotional distress special damage?
There are two kinds of damages in a California personal injury case: general damages and special damages. General damages, also called noneconomic damages, includes pain and suffering and emotional distress compensation.
Do you have to plead special damages?
While special damages are the natural result of a wrong or injury, they are not deemed to be a necessary effect. ' 57 The difference between the two is well established. Historically, while a non-specific indication of general damages sufficed, special damages had to be specifically pleaded to avoid surprise.
What are actual special damages?
Examples of special damages are: Medical care (current and future) Disability costs and accommodations. Lost wages, income and earning capacity.
What is the most common property damage?
1) Water Damage
Water damage is one of the most common property damage claims homeowners face. It can occur due to various reasons, including burst pipes, leaking roofs, or appliance malfunctions. You might experience water damage from heavy rainfall or flooding, especially if you live in a flood-prone area.
What are some examples of irreparable damage?
When an irreparable injury exists, the court can order equitable relief to remedy the harm. A common example of an irreparable injury is cutting down a tree, as that tree is irreversibly damaged and cannot be made whole again.
What is the difference between ordinary damages and special damages?
General Damages- Also known as Ordinary Damages, these are the damages caused naturally due to contract breach. These damages are restricted to direct consequences arising due to unforeseen circumstances. Special Damages- These are consequential damages caused due to the breach of contract and special circumstances.
How can you tell if someone is vindictive?
Examples of vindictive narcissistic behaviors include: Using excessive criticism to embarrass or belittle someone who dismissed their opinion or idea. Keeping track of people who have wronged them. Sabotaging a coworker or boss because of being passed over for a promotion.
Who gets punitive damages?
Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim. See e.g. O'Gilvie Minors v.
How to prove actual damages?
Often, expert witnesses must be used. For example, loss of market value is generally a matter of expert opinion, and appraisers may be essential to persuasive proof. Likewise, accountants are often necessary to interpret and analyze accounting records that contain the best evidence of actual damages.
What has to be proven for damages to be awarded?
If you prove that you were harmed, that the other party is legally responsible for that harm, and the amount o damages, then the court may award you damages that will be paid by the other side.
What are contemptuous damages?
Contemptuous damages
This is where a court awards a very small amount of damages to indicate the court's disapproval of the court action having been brought at all.
What are special damages awarded for?
Therefore, special damages can cover a range of financial losses, with examples such as: Short-term medical expenses. This might include doctor's consultation fees, hospital charges, prescription medication costs, diagnostic tests, and hospital stays.
What are special damages for?
What Are Special Damages? Special damages are compensation for expenses you incur due to an injury caused by someone else's negligence. Because special damages reimburse you for specific expenses, they are also called economic damages.
Is mental anguish considered punitive damage?
In personal injury cases, pain and suffering refers to the non-economic damage an injury victim may endure. Examples include acute pain, discomfort, mental anguish, loss of enjoyment of life, and emotional trauma associated with the physical injuries sustained.