In California, special damages, also known as economic damages, refer to the quantifiable financial losses incurred by an individual as a result of an accident or injury. These damages are distinct from general damages, which compensate for non-economic losses such as pain and suffering. Here’s an explanation of special damages in California:
- Medical Expenses: Special damages typically include all reasonable and necessary medical expenses incurred by the injured party as a result of the accident. This includes costs such as emergency medical treatment, hospitalization, surgeries, doctor visits, prescription medications, rehabilitation, physical therapy, and any other medical services required for the treatment and recovery of the injuries.
- Lost Wages: Compensation for income lost due to the inability to work as a result of the accident or injury. This includes wages lost during recovery, time off for medical appointments, and any reduction in earning capacity resulting from the injuries. Lost wages may be calculated based on the injured party’s regular rate of pay, hours missed from work, and any anticipated future income losses.
- Loss of Earning Capacity: Special damages may also include compensation for the loss of future earning capacity if the injuries sustained in the accident permanently affect the injured party’s ability to work or earn income. This may involve a calculation of the difference between the injured party’s pre-accident earning potential and their reduced earning capacity as a result of the injuries.
- Property Damage: Reimbursement for the repair or replacement of the damaged property, such as the vehicle involved in the accident, as well as any other personal belongings or property damaged in the incident.
- Other Economic Losses: Special damages may encompass various other economic losses directly attributable to the accident or injury, such as:
- Transportation expenses related to medical treatment, including mileage to and from appointments and parking fees.
- Costs of assistive devices or medical equipment required as a result of the injuries.
- Home modifications or accommodations necessitated by the injuries, such as wheelchair ramps or accessible bathrooms.
- Additional out-of-pocket expenses incurred as a direct result of the accident, such as household services, childcare, or assistance with daily activities.
- Documentation and Proof: To support a claim for special damages, the injured party must provide documentation and evidence of the financial losses incurred as a result of the accident. This may include medical bills, invoices, receipts, pay stubs, tax returns, expert reports, and other relevant documentation.
In summary, special damages in California encompass the tangible and quantifiable financial losses suffered by an individual as a result of an accident or injury. These damages aim to provide compensation for the economic impact of the injuries and help the injured party recover their financial losses and expenses incurred as a result of the incident.