If you have been injured in an accident and bring a personal injury case against the at-fault party, there are three main types of special damages that may be available to you. Note that the term “special damages” refers to any damages that have a specific dollar amount attached to them. For example, you can easily assess how much a trip to the doctor cost you, which would make these costs special damages, while it is harder to put a dollar amount on damages related to pain and suffering.
There are three categories of special damages: Property damage, medical damages, and loss to earnings. Read on to discover more about these types of damages. If you have been involved in a car accident, or any other type of accident in which you were injured, and you want to know what your options are, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
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Property Damages
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Medical Damages
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Lost Earnings
Property damages refer to the amount of damage done to your property. In a car accident, this would include damage to your vehicle but it may also include damage to anything that was inside your vehicle, such as your clothing. Property damages include the cost of either repairing or replacing what was damaged. Note that you will get market value of any damaged property – which is not necessarily the same amount that you paid for it.
This category of special damages also includes any costs you incurred by not having the property that was damaged. Once again, in a car accident this would refer to not having use to your car. If you had to rent one or take on other transportation costs, you would potentially be eligible to include these in your damages.
Your medical damages will be equal to the amount paid for your necessary medical care. This covers both money you paid and money your health insurance company paid. Note that you are entitled only to the amount paid – not the amount billed. For example, if an initial hospital bill for a surgery was $25,000 but your insurance company was able to have the amount adjusted to $15,000, you are entitled to recover $15,000 – not $25,000.
Another important distinction is that you can recover outstanding balances as well. For example, if you were required to get medical care that cost $2,000 and that bill has not been paid, then you can request it in your settlement.
When a person is involved in an accident and breaks a bone, suffers a brain injury, or experiences any other injury that prevents them from working, then they are entitled to their lost earnings. If a person missed work but was paid by using up vacation or PTO, then they are eligible to be reimbursed for that lost vacation or PTO time.
Are you ready to find out what damages your particular case may include? Then contact Law Offices of Fernando D. Vargas at 909-982-0707 for your free legal consultation.
