Special Damages In Injury Cases

Special damages are the main consideration of claims adjusters. Special damages are those that can be proved on paper-doctor bills, hospital bills and lost wages. In some accident cases the treatment given is limited, hence the special damages will be small.

For example, a person may sustain a broken leg after an accident, and may not be able to help his or her family for an extended period of time. The quality and nature of the time that the injured party spends with his family will also change after the accident. These damages should also be studied carefully to present the case to an adjustor or a jury. Thus, it is the changes to your life that make your case unique.

Out of Pocket Expenses

The out-of-pocket damages do not accurately reflect the total value of your case. Many times, health insurance will pay for most of your medical costs, and this will leave very little out of pocket expenses for the plaintiff. Hence, if out of pocket expenses or total costs were the measure of the value of your case (and insurance adjustors believe that is so) then all cases would be undervalued. This is exactly what insurance adjustors do. However, we can all imagine how a mother of 3 young children is limited after she has a broken arm after a car collision. This is when you, or your attorney, can explain how the mother of 3 children was extremely negatively affected after her arm was placed in a cast.

Loss of Enjoyment of Life

The loss of enjoyment of life can be the greatest factor and most valuable asset in your injury claim IF it is explained properly by you or your attorney. Write about the time that you missed your child's football game, write about your inability to carry your newborn baby, or write about the fact that you can no longer join your wife in hiking with your children on the weekends.


We always take a very personable approach to every case. Ask yourself "how has my life changed?," "how did my time with my family change?," or, "do I still perform my job the same way as I did before?" What kind of plaintiff are you? These may be the items that set your case apart from the hundreds of demand letters sent by attorneys and self-represented parties to insurance companies every day. Make a different and more persuading claim with the help of a local attorney.