What Are Special Damages? A Comprehensive Legal Overview

Q: Do I need to request special damages in my complaint?

Yes, you must specifically request special damages in your initial legal complaint.

Q: Can I claim special damages for lost wages?

Yes, lost wages can be included as special damages if documented properly.

Q: Are special damages the same as general damages?

No, special damages are quantifiable costs, while general damages cover non-economic losses.

Q: How can I prove special damages?

Gather all relevant documentation, such as bills and receipts, to substantiate your claim.

Definition & Meaning

Special damages refer to specific out-of-pocket expenses that a person incurs as a direct result of another party's wrongful act, such as a breach of contract or negligence. Unlike general damages, which cover non-economic losses like pain and suffering, special damages are quantifiable costs. Examples include medical bills, repair costs, and lost wages. To claim special damages, a plaintiff must explicitly request them in their initial legal complaint. These damages are often referred to as consequential damages.

Table of content

Legal Use & context

Special damages are primarily used in civil law cases, particularly in personal injury and contract disputes. They help quantify the financial impact of an injury or breach on the plaintiff. Legal forms, such as complaints and demand letters, often include sections for claiming special damages. Users can manage these processes effectively with templates from US Legal Forms, which are drafted by experienced attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A person injured in a car accident may claim special damages for medical bills incurred for treatment and lost wages due to time off work. (hypothetical example)

Example 2: A business may seek special damages after a supplier fails to deliver goods, resulting in lost revenue and additional shipping costs to find a new supplier. (hypothetical example)

State-by-state differences

State	Special Considerations
California	Special damages must be clearly documented and are often subject to strict proof requirements.
New York	Special damages can include lost earnings, but must be proven with detailed records.
Texas	Claims for special damages must be explicitly stated in the initial complaint.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
General Damages	Compensation for non-economic losses, such as pain and suffering.	General damages are subjective and not directly quantifiable, unlike special damages.
Consequential Damages	Similar to special damages, these are losses that occur as a consequence of a wrongful act.	Consequential damages may include indirect losses, while special damages are direct costs.

Common misunderstandings

What to do if this term applies to you

If you believe you are entitled to special damages, gather all relevant documentation, such as bills, receipts, and proof of lost wages. Clearly outline these costs in your legal complaint. Consider using templates from US Legal Forms to help you draft your documents accurately. If your situation is complex, consulting a legal professional may be beneficial.

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Quick facts

Special damages must be documented and specifically requested.
Common types include medical bills, lost wages, and property repair costs.
They are used primarily in civil cases, such as personal injury and contract disputes.

Key takeaways

Frequently asked questions

What are special damages?

Special damages are specific out-of-pocket costs incurred due to another party's wrongful act.