Being badly hurt and subsequently finding yourself in the middle of a personal injury lawsuit can be a confusing time with many unanswered questions. The most pressing concern for most personal injury lawsuit plaintiffs is the uncertainty over how much they are going to be compensated – or whether they’re going to be compensated at all.
The question of “damages” in personal injury settlement negotiations often involves a highly fact-specific investigation into all the identifiable losses that the plaintiff has incurred as a result of being injured. There are three types of damages: general, special, and punitive. The following is a brief overview of special damages and how your personal injury attorney might go about making sure that you receive the amount to which the law entitles you.
Special damages, along with general damages, are referred to as compensatory damages. As the term implies, the purpose of compensatory damages is to compensate the plaintiff for all their losses to make them whole. While general damages are designed to compensate for difficult-to-calculate non-economic losses such as pain and suffering and emotional distress, special damages can be accurately measured by identifying and then then totaling the plaintiff’s actual monetary losses.
Sometimes referred to as “specials,” special damages are generally only awarded in a personal injury lawsuit if the plaintiff can prove the existence of their economic, or monetary, losses. This can be accomplished by introducing medical bills, lost wages as reflected in the plaintiff’s pay stub record, and estimates for either repairing or replacing damaged personal property, if any.
It is important to note that there is no limit to the dollar amount that a plaintiff can claim for special damages. Special damages exist to compensate a personal injury victim for their actual monetary losses in full. General damages, by contrast, are commonly limited through damage caps. In Colorado, the amount that general damages are capped in a personal injury lawsuit depends on the type of damages requested and the type of legal claim at issue.
Contact Whalen Injury Lawyers
The Colorado personal injury attorneys at Whalen Injury Lawyers have a long record of successfully helping their clients collect damages – including special damages. To learn more about this important topic, and to speak with a lawyer on our team about possibly pursuing a personal injury lawsuit, contact us today. All prospective clients of Whalen Injury Lawyers are encouraged to call the firm at 720-307-2666 or send us a message using this confidential and secure online form.
