What Are Special Damages in a Personal Injury Case?

What Are Damages in a Personal Injury Case?

If you’ve been injured in Colorado because of someone else’s negligence, you may be entitled to compensation. This compensation can cover the cost of financial losses you or a loved one has endured because of an injury that was the fault of someone else. 

Bringing forward a personal injury lawsuit provides you with legal options to hold the other individual or party that caused your injuries responsible. These options also make it so you can move forward with healing without having to be burdened by the cost of care or financial stressors directly brought on by your injury.

At Bachus & Schanker, our personal injury attorneys can help you understand your legal options so that you can take the right step forward. Get in touch with our team today to schedule your free case evaluation, understand whether you have a case, and learn more about your legal rights and options. We don’t take a fee until we win your case.

What Are Special Damages?

Special damages, also known as economic damages, are classified as compensatory damages — a class of damages designed to help you recover compensation so that you are restored to the state you were in before the injury happened. 

Of course, after any injury, there are often lasting physical and mental scars. While special damages don’t reverse the impact of what you’re feeling, or what you’ve suffered, they can help you recover monetary compensation that will aid in your journey to healing.

What Types of Expenses Count as Special Damages?

So, exactly what are special damages in a personal injury case, and how do you know if you qualify for them? Fortunately, special damages are relatively easy to identify, especially when compared to general damages (more on that in a moment).

Special damages typically encompass tangible, calculable losses that directly resulted from the accident that caused your injuries. Special damages you can claim in a personal injury case include:  

Other calculable losses that have directly resulted from your injury.

• Property damage.
• Medical bills, including doctor’s appointments, hospital stays, ambulance rides, and other medical expenses.
• Medical equipment, like wheelchairs, braces, and other devices.
• Lost income and lost wages.

How Are Special Damages Calculated?

Calculating special damages depends on which lens you’re looking at the case from. For example, under Colorado law, you’re allowed to recover 100% of out-of-pocket expenses classified as special damages. The state follows a modified comparative negligence rule outlined in C.R.S. § 13-21-111.

Under this rule, you can still recover compensation even if you are partially at fault. However, you must not be more than 50% at fault. If you are, you will be barred from recovering any compensation. 

Additionally, if you are partially at fault, your ability to recover damages is reduced by your percentage of fault.

For example, if you are 40% at fault for your accident, you can recover only 60% of the total damages awarded. Let’s say your special damages amount to $100,000. If you were 40% at fault, you would only be able to recover $60,000.

What’s the Difference Between Special and General Damages?

You may be wondering, special damages vs. general damages, what’s the difference? Well, special damages, also known as economic damages, are designed to help you recover tangible, calculable losses and out-of-pocket expenses resulting from your personal injury. 

Another type of damage you may be able to recover includes general damages, also known as non-economic damages. General damages also fall under the umbrella of compensatory damages, and you’ll typically pursue both general and special damages for a personal injury. 

General damages can be harder to determine because they cover incalculable or intangible losses. This might include things such as:

• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium
• Emotional distress
• Permanent disability
• Disfigurement

What Evidence Is Needed To Prove Special Damages?

It’s not enough to simply say you’ve suffered damages because of a personal injury caused by someone else’s negligence. You must also prove that the special damages you’re seeking resulted from the injury.

There are several ways to prove that the special damages you’ve suffered were the result of a negligent party’s actions. 

Some methods include:

• Providing medical bills and receipts to prove treatment costs for services rendered because of your injury.
• Proving lost income by providing pay stubs and tax returns that show you’ve been out of work.
• Submitting repair estimates and invoices for property damage and other losses to prove out-of-pocket expenses related to your injury.

Expert testimony is another strong way to support your claims for special damages. Experts can help establish future medical expenses or lost earning potential due to your injury.

Why Is It Important To Work With a Lawyer To Recover Full Special Damages?

While special damages are easier to calculate than general damages, that doesn’t mean working with an attorney is any less valuable. When seeking compensation, insurance companies and other negligent parties will try to minimize your claim for special damages, which can reduce the overall compensation you can recover in a settlement. 

They may do this by:

• Disputing the proof you have
• Deflecting blame
• Attempting to hold you accountable for the injuries you’ve suffered

An experienced Colorado personal injury attorney understands the importance of communicating with insurance companies and other involved parties in a specific manner. One of the major benefits of hiring a personal injury attorney include having legal representation who can paint a clear picture that will stand up in both mediation (the talks that happen before a settlement is reached), and court (if a settlement isn’t reached, your case can go to trial before a judge or jury to be decided).

How Long Do You Have To File a Claim for Special Damages in Colorado?

Under C.R.S. § 13-80-102, you have up to two years from the date of your injury to file a personal injury claim seeking special damages. This is known as the statute of limitations. If this deadline passes, you may lose your ability to hold the at fault party accountable.

There are exceptions to the statute of limitations. For example, if you discovered your injury days or even weeks after the incident, you may still be able to pursue legal action.

There are shorter deadlines when filing personal injury lawsuits against government entities as well. Generally, you’ll need to file a notice of claim within 180 days. Only after filing this notice can you pursue a lawsuit, though you still have two years to bring forward your case.

If a personal injury results in a wrongful death, the statute of limitations remains two years as well.

How Can Bachus & Schanker Help With Special Damages Claims?

Our experienced personal injury attorneys have a strong track record of proving damages in personal injury cases​ involving special damages. From speaking to witnesses to collecting pertinent evidence and documentation that will help prove your case, a personal injury attorney will know what to look for and who to contact to help you recover the compensation you’re entitled to after an injury.

Our attorneys are here to speak with you through our free case evaluation sessions. During your session, you’ll get a better sense of the strength of your case and possible outcomes. If we do take on your case, you won’t pay until we win.

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