Everything You Need to Know About Special Compensatory Damages
In personal injury law, there are two general types of damages: compensatory and punitive. Compensatory damages are intended to make the injured person “whole” again by awarding them an amount of money that will cover their losses. This can include medical expenses, lost wages, and pain and suffering.
Punitive damages, on the other hand, are meant to punish the at-fault party and deter others from committing similar acts. They are not awarded in every case, but when they are, they can be quite substantial.
Special compensatory damages are a type of compensatory damage that is awarded in cases where the victim has suffered a particularly severe loss, such as the loss of a limb or a disfigurement. In this article, we will explain everything you need to know about special compensatory damages, including when they maybe awarded and how much they can be worth.
What are special compensatory damages?
Special compensatory damages are those that seek to compensate the plaintiff for a particular type of injury. These damages are often awarded in cases where the plaintiff has suffered a physical injury, such as a car accident, but they can also be awarded for non-physical injuries, such as emotional distress.
Special compensatory damages are designed to make the plaintiff whole again and to restore them to the position they were in before the injury. These damages can be awarded for medical expenses, lost wages, pain and suffering, and more. If you have been injured due to the negligence of another, you maybe entitled to special compensatory damages.
How are special compensatory damages calculated?
Special compensatory damages are awarded to a plaintiff besides general damages, and are meant to compensate the plaintiff for a specific loss. The amount of special compensatory damages awarded will vary depending on the nature of the loss and the impact it has had on the plaintiff. A court will typically consider the following factors when calculating special compensatory damages:
- The type of loss suffered by the plaintiff
- The extent of the plaintiff’s injuries
- The financial impact of the loss on the plaintiff
- The plaintiff’s age, health, and life expectancy
- The plaintiff’s ability to earn an income
- The plaintiff’s mental anguish and emotional distress
As stated before the exact amount of special compensatory damages will vary from case to case, but it is typically calculated by using a multiplier of the victim’s economic damages (such as medical bills and lost wages).
Are there any limits on special compensatory damages?
In the United States, there is no limit on the amount of damages that maybe awarded for pain and suffering, mental anguish, or other non-economic damages. This is in contrast to economic damages, which are damages that have a specific monetary value (such as medical expenses or lost wages).
There have been a few cases in which courts have placed limits on special compensatory damages, but these are rare and usually only occur in cases where the damages are unusually high. For most cases, there is no limit on the amount of special compensatory damages that maybe awarded.
There is no definitive answer to this question as it is still an area of active legal debate. Courts have previously ruled that special compensatory damages are capped at $250,000, but this amount is not set in stone. The limit on special compensatory damages will likely continue to be decided on a case-by-case basis until a higher court issues a more definitive ruling.
To Conclude
Special compensatory damages are often awarded in cases where the plaintiff has suffered physical or emotional injuries. These damages are intended to compensate the victim for their suffering, and can often be quite large. If you or someone you know has been injured and you believe you may be entitled to special compensatory damages, contact (888-547-1778) Oracle Law Firm today. We will be happy to answer any questions you may have and help you get the compensation you deserve.