What Are Special Damages?
Posted on May 18, 2022 in Portland Personal Injury Lawyer
Anytime a person sustains an injury caused by the actions of another individual, company, or entity, there is a chance they will be able to recover compensation. This could happen through an insurance settlement or even through a civil personal injury lawsuit. There is a range of types of compensation that a person could be awarded, and this compensation is typically broken down into special damages and general damages. Here, we want to more thoroughly define special damages in an Oregon personal injury lawsuit.
Special Damages in an Oregon Personal Injury Claim
Special damages are also referred to as “economic damages,” and these fall under the umbrella of compensable damages in a personal injury claim.
Special damages are considered calculable because it is not too difficult for an injury victim or their attorney to gather up all of the bills and receipts that come in after an injury occurs and calculate the total expenses. In other words, special damages revolve around the types of losses that can be seen and are tangible. Some of the main types of special damages in an Oregon personal injury claim include:
- Coverage of any emergency medical bills
- Compensation for follow-up doctor or hospital visits
- Physical therapy and rehabilitation expenses
- Money for prescription medications or medical devices
- Coverage of any lost wages if a person cannot work while recovering
- Compensation for loss of future earnings if a person sustains a disability
- Property damage expenses
How Much Will a Person Receive in Special Damages?
There is no set amount of compensation for how much a person will receive in special damages for a personal injury claim in Oregon. Rather, the total amount of compensation revolves around the severity of the injuries, how long it takes a person to recover, total property damage expenses, and whether or not there was any shared fault for the incident. There are currently no limitations or caps on how much compensation a person can receive for special damages as a result of a personal injury claim.
Oregon operates under a modified comparative negligence system, which means individuals can still receive compensation even if they are partially at fault for an incident (a person will not be able to receive compensation if they are 51% or more responsible for the incident). However, they will receive reduced compensation depending on their percentage of fault.
For example, if a person sustains $100,000 worth of medical bills as a result of a slip and fall incident, but a jury determines that the individual is 40% responsible for the incident because they were looking at their phone when the injury occurred, they would receive $60,000 instead of the full $100,000.
Are There Other Types of Damages?
Yes, there are typically other types of compensation available in the aftermath of a personal injury claim in Portland. General damages, also referred to as non-economic damages, are usually available to compensate a person for their more intangible losses. This can include physical pain and suffering, emotional and psychological distress, loss of quality of life, and more.
Additionally comma there are some circumstances where punitive damages may be awarded to a personal injury victim period punitive damages are designed to act as a punishment on the defendant and a deterrent so that others avoid this same type of behavior in the future period