In order to win a personal injury lawsuit, you must prove that your injuries were caused by the negligence of someone else. One aspect of proving a case of negligence is that you sustained damages. Damages are divided into different legal types. This can get very confusing, and all questions you have regarding your particular case should be directed at your attorney. However, Todd Durham always wants to provide you with the most information possible. Here are three facts about special damages.
Special Damages Are Part of Compensatory Damages
Special damages and general damages are both part of a type of damages called “compensatory damages.” Compensatory damages aim to return a plaintiff into the same position they were prior to their injury. For example, if you were injured in a car accident, you probably have sustained property damage to your car as well as medical bills, and lost wages. Compensatory damages would be the calculation of those losses.
Special Damages Must Be Actual
Special damages are based on a measurable amount rather than intangible losses like pain and suffering. When you are talking about special damages, you can accurately calculate them based on the facts and documents in your case.
Special Damages Are Different in Contract Law
As if the law wasn’t confusing enough, the meaning of special damages and general damages are reversed. Special damages are consequential and flow out of the breach of contract. It is important that you understand the difference in its use in torts law compared to contract law.
If you have questions regarding special damages as they pertain to your specific case, be sure to talk to your attorney. Todd R. Durham is happy to assist you with your personal injury case and answer any specific questions or concerns you may have. Call (214) 222-4000 today to schedule your initial consultation.