What Are Special Damages in a Personal Injury Case?

When you’re injured in a wreck, fall, or workplace mishap, money worries pile up fast. There are bills to pay before the bandages come off. Paychecks shrink while you rest at home.

The most common question Utah families have is, What are special damages, and how do they help keep their budgets afloat? 

Special damages are the dollars you can point at on paper: payments made, income missed, items fixed. Courts and insurers use them to put you back where you stood the day before the accident, at least on the balance sheet. 

A clear explanation of the concept is provided in this guide in plain talk. You will see which losses count, how to total them, the proof you need, and when calling a personal injury attorney makes sense. Once you finish this blog, you’ll know how to protect your wallet while you heal.

Key Takeaways

• Special damages equal provable financial losses
• Bills and pay stubs form the backbone of proof
• Future medical care may be included
• Lost earning power counts when work ability drops
• Property repair or replacement qualifies
• Keep every receipt from day one
• Deadlines in Utah follow strict statutes
• A lawyer can chase hidden costs

What Are Special Damages?

A special damage, also known as economic damage, is the dollar amount lost because someone injured you. They are different from pain money because they rest on numbers, not feelings. Think of them as a ledger that tracks each expense tied to the injury.

Examples of typical items are:

• Medical expenses
• Wage loss
• Future needs
• Property damage
• Household services 
• Travel costs

Courts in Utah ask for proof that each dollar ties back to the incident. Provide invoices, statements, and expert notes that spell out the link. When numbers are clear, adjusters have less room to argue. 

If future costs loom, doctors can write reports estimating length and price of care. Adding those figures now helps prevent coming up short later. Keep a folder, digital or paper, so every new bill lands in one safe place. That simple habit can add thousands to a final award.

Special Damages vs. General Damages: What’s the Difference?

Often, neighbors confuse “special” damage and “general” damage. Both aim to right a wrong, yet they cover different parts of your life. Picture two buckets. One holds dollars you can count; the other holds the human things, hurt, worry, loss of joy. Knowing which bucket pays for what helps you speak the adjuster’s language and keeps any offer from coming up short.

Definition and purpose

• Special damages pay your hard financial losses.
• General damages pay for human loss: pain, scarring, anxiety, loss of hobbies.

Courts separate them so money math stays honest. Receipts drive one bucket; reasoned judgment drives the other.

Proof standards

• Special damages: Bring the paper trail. Bills, pay records, price quotes, and expert notes all serve as proof.
• General damages: Provide journals, witness statements, photos, and medical evaluations that describe pain and limits on daily life.

Calculation methods

• Special damages add up like a ledger: Sum every bill and future estimate.
• General damages often start as a multiple of special damages or rely on a per-day pain rate. Utah juries may weigh injury severity, age, and life impact.

Insurance tactics

Adjusters love arguing over general damages because feelings are hard to price. They use software that churns out low numbers. In contrast, special damages leave less wiggle room. A sharp accident injury attorney will press the concrete numbers first, then anchor general damages to that firm base.

Jury perception

When trials happen, jurors view special damages as safe ground. They can see a bill and sign off with confidence. General damages demand empathy. Clear evidence of pain, therapy notes, and daily activity limits help them picture life changes and vote for fair sums.

Statutory caps and limits

Utah law sets caps only on certain medical malpractice cases, mainly touching general damages. Special damages usually stay uncapped because they reimburse true out-of-pocket loss.

Tax treatment

The IRS does not tax special damages for personal injury, as they replace money you already had. General damages for emotional harm without injury can be taxable. Always check with a tax adviser.

Settlement strategy

Smart personal injury lawyers open talks with the special damages packet. Once that ground is firm, they build the general damages demand on top. This step-by-step plan can speed agreement and bump the final number.

Think of special and general damages as partners covering two halves of the same wound. One fills the bank gap, the other honors the human cost. Keep proof for both, push back when software downplays pain, and your final award will more closely match real life.

What Losses Are Covered by Special Damages? 

Special damages stretch beyond the hospital bill. Any clear cash loss linked to the injury can join the claim if you can prove need and price.

Halfway through this section, check the handy list below for common items:

• Emergency room invoices
• Specialist follow-up visits
• Prescription drugs and refills
• Home nursing or aide services
• Lost bonuses, tips, or overtime
• Career-changing retraining costs
• In-home medical equipment rentals
• Child care hired during doctor visits

Utah law also lets you add projected costs when doctors believe care will stretch months or years. For example, a back injury may need future spine surgery. A clear written forecast from your surgeon, paired with billing codes, turns that coming bill into special damages today.

Parents may claim tutoring fees if a child falls behind in school due to recovery time. Business owners can include lost contracts when missing work means projects vanish. The link must be direct and well documented.

You can lose well-established losses even if you miss the deadline. A personal injury attorney can mark every timeline to ensure that nothing slips.

Examples of Special Damages in a Personal Injury Lawsuit

The following examples illustrate special damages in a personal injury lawsuit. 

Car crash

A delivery driver suffers a broken leg on I-15. Bills show $28,000 in surgery and rehab. Pay stubs prove eight weeks of missed wages at $1,200 per week, plus a lost quarterly bonus. Repair receipts for the van add another $9,500. All of these add up as special damages.

Slip and fall

The shopper trips because of an unsettled tile in the grocery store. The X-ray revealed that the wrist had been fractured. It costs $6,800 to pay for medical care. She hired a nanny during recovery at $400 a week for five weeks. She also bought voice-to-text software for her computer job. Both services link directly to the injury and qualify.

Medical malpractice

A patient receives the wrong drug, causing kidney issues. Dialysis expenses of $65,000 and lost self-employment income become special damages. Future transplant costs, verified by a nephrologist, may also be claimed now.

Workplace injury

A warehouse staffer’s back strain triggers $12,000 in treatment and permanent lifting limits. Vocational expert reports show he must shift to lower-pay desk work, dropping income by $10,000 each year. That future shortfall, adjusted to present value, joins the special damages list.

These examples show why accurate records and expert letters matter. Each dollar must trace straight to the event.

What Evidence Do I Need to Claim for Special Damages?

Proof wins cases. Without it, adjusters call expenses “inflated” or “unrelated.” Gather:

• Medical records: admission records, diagnoses, treatment plans, itemized bills, prescriptions.
• Receipts: equipment, medication, travel, child care, house help.
• Repair estimates: auto shop invoices, contractor quotes for damaged property.
• Expert opinions: physicians on future care, economists on wage loss, vocational experts on job limits.
• Pics and videos: damaged items, mobility aids, therapy sessions, to show the need.
• Records of employment: pay stubs, tax returns, and a letter from your supervisor verifying missed hours.

Store originals in a safe place and scan copies to cloud storage. Date everything. Utah courts accept digital records if you can verify source and accuracy.

When a slip and fall lawyer submits a demand packet, clear evidence tells the insurance team that a jury could see the same proof. Strong files often push them to raise offers rather than risk trial.

Contact a Personal Injury Attorney Utah Today

Tallying bills while healing is hard. A free consultation personal injury attorney can shoulder that load, letting you focus on rest. Cockayne Law has helped Utah neighbors after car wrecks, work accidents, and medical errors. Their team gathers proof, adds missed costs, and negotiates with insurers who hope you settle cheap.

Maybe you need a top-rated Utah personal injury lawyer like Chris Cockayne because a loved one’s future care costs run high. Maybe you want the best personal injury lawyer to stand up to a trucking company. Whatever the case, waiting can shrink your claim due to evidence loss or filing deadlines. A calm phone call today to Cockayne Law sets a plan, costs nothing, and may protect every dollar owed.

Final Thoughts

Money should never block healing. Special damages aim to refill the wallet so families can focus on health, not debt. Keep every receipt, track time away from work. Also, ask experts to forecast future needs. When numbers grow complex, bring in a trusted accident injury attorney. Clear proof plus steady advocacy turns paperwork into fair recovery.

FAQs

What are the types of special damages?

Types include past and future medical expenses, income loss, reduced earning capacity, property damage, travel for treatment, in-home assistance, and any other direct expense tied to the injury. Each must be proven with reliable documents.

Can I claim future medical costs?

Yes. Courts allow future care when supported by medical expert opinions detailing likely treatments and costs. These projections help ensure long-term needs are funded.

What if my insurance paid some bills?

You may still claim the full billed amount in many cases. Insurers often seek reimbursement from settlement proceeds through subrogation. Your lawyer can negotiate fair splits.

Do special damages affect general damages?

Often, yes. Adjusters and juries may use the size of special damages as a guide when valuing pain and suffering, though the two categories remain separate in law.

How can I prove my loss of self-employment income? 

You should provide tax returns, invoices, cancelled contracts, and statements from an accountant showing your normal income. A financial expert can demonstrate seasonal patterns of income and projected growth based on your history. 

Should I keep a pain diary? 

Although the main purpose of the diary is for general damages, it can also support claims for assistance that was paid for at home, by demonstrating the factors that required assistance and how long you needed the help.