What are “special damages” in a personal injury case?
Special Damages are one of two forms of compensatory damages in Texas personal injury cases. Special Damages compensate for out-of-pocket losses such as:
- Past and future medical expenses
- Loss of income, but current and future
- Repair or replacement of property
- Costs the plaintiff incurred attempting to mitigate their own liability
- Disability costs
- Funeral and burial costs in a wrongful death
- Legal fees and court costs
- Travel expenses
In Texas, specific losses must be pleaded, and then proved through receipts, paystubs and estimates.