Typically, victims of an accident that have filed a personal injury claim hope to maximize the extent of the coverage for their expenses. Any victim that has taken the time to learn more about special damages has taken a step towards achievement of that inspirational goal.
Fundamental facts about special damages
A payment that covers special damages represents compensation for the effects of the defendant’s actions. The defendant’s actions had qualified as a demonstration of negligence.
In a courtroom, no defendant would be asked to make such a payment, unless the court had felt that the plaintiff had provided specific proofs. In other words, the plaintiff’s allegations, regarding the defendant’s negligence must have been proven with specificity.
Types of damage that might carry the designation of “special”
Medical expenses: Money spent on short term and long-term treatments; Cost covered by payment made out-of-pocket, such as the money used to pay for parking at medical facility.
Costs that stem from repairs to, or replacement of damaged property
Lost wages and possible loss of earning potential
Any loss of an irreplaceable item
Noteworthy characteristics of any damage that the court has agreed to label as “special”
Before the start of a trial, concerning a personal injury case, the details on any such damage must be specified. In other words, the plaintiff’s claim needs to provide specific proof of the fact that the defendant had behaved in a negligent fashion, and had, therefore, harmed the plaintiff.
By the same token, the claim submitted to the court must state the dollar amount that corresponds with any stated loss. Personal Injury Lawyer in Kitchener knows that satisfaction of those 2 requirements would guarantee the presence of 3 elements of negligence. Information contained in the plaintiff’s medical records would be the source of a 4th element.
As a general rule courts will not agree to schedule a personal injury trail unless the potential plaintiff has provided evidence of all 4 elements of negligent conduct. During the trial, the plaintiff’s attorney must advocate in favor of a favorable decision by the jury or judge.
A favorable decision would reflect a determination that the preponderance of the evidence had supported the plaintiff’s allegations. A favorable decision would also result in a ruling against the defendant. That ruling would help to form the basis for a demand for payment of a suitable compensation.
At the conclusion of any personal injury case, defendants might also need to cover the estimated cost for general damages. Sometimes, too, the court chooses to respond to defendants’ actions by adding to their obligations that of needing to pay punitive damages. Unlike the other payments, the one made in answer to a demand for punitive damages does not make a plaintiff “whole.”