Special harm refers to the loss of something that has economic or monetary value. This term is often used in legal contexts to describe damages that are quantifiable and can be directly linked to a specific incident or action. Unlike general harm, which may include non-economic damages such as pain and suffering, special harm focuses on tangible losses that can be calculated in financial terms.
Special harm is primarily used in civil law, particularly in cases involving torts, contracts, and property disputes. It is relevant in determining the extent of damages that a plaintiff can claim in a lawsuit. Legal professionals often assess special harm to establish compensation for losses incurred due to another party's actions. Users can find legal templates on US Legal Forms to help manage these types of claims effectively.
Here are a couple of examples of abatement:
Example 1: A business suffers a loss of revenue due to a competitor's false advertising. The lost revenue can be quantified and claimed as special harm.
Example 2: An individual incurs medical expenses due to an accident caused by another party's negligence. These expenses represent special harm because they have a clear economic value. (hypothetical example)
| State | Special Harm Considerations |
|---|---|
| California | Special harm must be clearly documented and proven in court. |
| New York | Special harm claims often require expert testimony to establish economic loss. |
| Texas | Special harm can include lost wages and medical expenses directly linked to the incident. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| General Harm | Non-economic damages such as pain and suffering. | General harm is subjective and not easily quantifiable, unlike special harm. |
| Compensatory Damages | Damages awarded to compensate for actual losses. | Compensatory damages can include both special and general harm. |
If you believe you have suffered special harm, gather all relevant documentation, such as receipts, invoices, and any other evidence of your financial loss. You may want to consult with a legal professional to understand your rights and options. Additionally, explore US Legal Forms for templates that can assist you in filing a claim or pursuing compensation.
Browse our library of 85,000+ state-specific legal templates.
An example of special harm is lost wages due to an injury from an accident caused by someone else's negligence.