Special Damages Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Special Damages, written in plain English, along with examples of how it is used.

What is Special Damages?

(n) special damages are the claims awarded in a law suit compensating the directly related cost or damages incurred by the plaintiff as a result of the wrongful act done by the defendant. For example, In an accident the wage loss due to incapability to work results in loss of income directly related to the accident

History and Meaning of Special Damages

Special damages are an aspect of compensatory damages in a civil lawsuit that refer to claims awarded specifically for monetary expenses incurred as a direct result of the defendant's wrongful act. These expenses may include medical bills, lost wages, property damage, and other out-of-pocket costs that can be quantified through receipts, bills, and other forms of evidence.

Examples of Special Damages

  1. In a car accident case, the plaintiff may seek special damages for the cost of repairing or replacing their damaged vehicle.
  2. In a medical malpractice lawsuit, the plaintiff may seek special damages for medical bills and expenses related to their injuries.
  3. In a wrongful termination case, the plaintiff may seek special damages for lost wages and benefits that they would have received if not for the termination.
  4. In a premises liability case, the plaintiff may seek special damages for medical bills and lost wages resulting from injuries sustained on the defendant's property.
  5. In a product liability case, the plaintiff may seek special damages for the cost of medical treatment and other expenses resulting from injuries caused by a defective product.

Legal Terms Similar to Special Damages

  1. General damages - refers to non-monetary damages awarded to compensate the plaintiff for pain and suffering, emotional distress, and other subjective losses.
  2. Punitive damages - refers to damages awarded to punish the defendant for especially egregious conduct and to deter others from engaging in similar conduct in the future.
  3. Compensatory damages - refers to the total amount of damages awarded to compensate the plaintiff for both special and general damages.