When someone causes you harm, you’re legally allowed to ask for money to cover your losses. But not all damages are the same. What are special damages in a personal injury lawsuit? They’re the specific financial losses you can point to and add up, like your medical bills or lost wages. These are separate from general damages, which include harder-to-measure harms like pain or loss of enjoyment in life.
Most people don’t realize how much they can recover after an injury. Some damages are obvious, but others add up over time and are easy to overlook without a full review of how your injury has affected your daily life. This guide breaks down special damages and explains how Virginia law treats these types of claims.
If someone else’s careless actions put you in the hospital, caused you to miss work, or left your car totaled, you’re likely frustrated, stressed, and maybe even angry. You didn’t ask for this. You shouldn’t be the one footing the bill. A personal injury claim isn’t just about money, it’s about making things right and putting your life back together.
You don’t have to figure everything out on your own. A personal injury attorney near you can review your case for free, answer your questions, and help you decide what steps to take next. That first conversation could be the key to recovering money you didn’t even know you were owed.
Personal injury victims often underestimate the full scope of recoverable damages
Many people only focus on hospital bills when thinking about compensation. But expenses can go far beyond that. Think about physical therapy visits, home medical equipment, time missed from work, and even gas money for doctor appointments. Some victims dip into savings, borrow from family, or take out loans just to stay afloat, never realizing they could be repaid for these out-of-pocket costs.
Insurance companies often hope injured people don’t add everything up. If you settle too soon or accept what they offer without a second look, you might leave money on the table.
Special damages vs. general damages
Special damages are the financial losses you can count, track, and prove with paperwork. These include hospital bills, lost wages, and car repair costs. They’re called “special” because they’re different for every person and based on your unique situation.
General damages cover things like pain, emotional distress, or loss of companionship. You can’t pull out a receipt for these losses, but they still matter. Juries and insurance adjusters use experience, patterns, and comparisons to decide their value.
Importance of understanding special damages for Virginia personal injury cases
Virginia law treats economic and non-economic damages differently. Knowing what counts as special damages and how to prove them can make a major difference in your case. If your case goes to court, or if the other side refuses to agree on a fair amount, you’ll need to show clear evidence of your actual financial losses. That’s why understanding how Virginia handles these claims is key if you want to recover everything you’re owed.
Here are the main types of expenses that qualify as special damages in a personal injury claim:
Medical expenses and healthcare costs
Any medical care directly tied to your injury falls into this category. Examples include:
- Emergency room visits
- Hospital stays and surgeries
- Follow-up appointments with doctors
- Physical therapy and rehabilitation
- Prescription medications
- Mental health counseling related to the accident
Even smaller expenses like co-pays or over-the-counter supplies can count, as long as they’re linked to your injury.
Lost wages and income loss
If your injury caused you to miss work, you could claim:
- Hourly or salaried income you didn’t receive
- Paid time off that you were forced to use
- Missed overtime opportunities
- Shift differentials or hazard pay you would’ve earned
You can also claim temporary or permanent reductions in your earning ability, which may apply if you had to take a lower-paying job or stop working altogether.
Property damage and replacement costs
In many accidents, physical items are also damaged. These losses may include:
- Repairs or replacement of your vehicle
- Damage to items inside the vehicle (phones, laptops, eyeglasses)
- Clothing or other personal belongings damaged in the incident
If you had to buy replacements or pay for repairs out of pocket, those costs qualify as special damages.
Out-of-pocket expenses related to your injury
These often-overlooked costs can add up quickly. Examples include:
- Gas, parking, or public transportation for medical appointments
- Rideshare fares to and from treatment centers
- Childcare during medical visits or recovery time
- Hotel stays for out-of-town treatment
- Assistive devices like crutches, braces, or wheelchairs
If your injury changed your day-to-day life or required you to spend money you wouldn’t have otherwise, those expenses may be eligible for reimbursement.
Each of these categories helps paint a full picture of how much the injury has cost you financially. Tracking these losses in real time, keeping receipts, and documenting everything can help strengthen your personal injury claim.
How do you calculate special damages in Virginia?
Calculating special damages in Virginia involves identifying and adding up all the financial losses you experienced because of your injury. These damages must be proven with clear, credible documentation. Here’s how the process works:
Documentation requirements for economic losses
To recover special damages, you’ll need to show exactly how much money the injury cost you. That means collecting:
- Medical bills for hospital stays, surgeries, doctor visits, therapy, medications, and equipment
- Receipts for out-of-pocket purchases like transportation, supplies, or home modifications
- Pay stubs or employment records showing how much income you lost during recovery
- Estimates or invoices for property repairs or replacement items
The goal is to link every claimed expense directly to the injury caused by someone else’s actions.
Present value calculations for future damages
Some injuries cause long-term costs, such as future surgeries, therapy, or a permanent reduction in earning capacity. In these cases, the law allows you to ask for those future losses as part of your current claim.
Calculating future damages means:
- Estimating how long you’ll need continued treatment or support
- Using financial formulas to figure out the present-day value of future costs
- Including inflation, wage trends, and life expectancy in the calculations
These estimates often rely on professional analysis and medical projections to make them as accurate as possible.
Virginia’s statutory limitations on damage awards
Virginia doesn’t limit the amount of special (economic) damages you can recover in most personal injury cases. If you have the evidence to support your claim, the court can award the full amount of your losses.
However, the law does place a time limit on when you can file. For most personal injury claims, you have two years from the date of the injury to file your lawsuit. Missing this deadline could bar you from recovering anything, no matter how strong your case is.
By carefully tracking your losses, gathering the right documents, and projecting future costs when necessary, you can build a strong case for special damages in Virginia. A personal injury attorney can help review your evidence and make sure nothing is left out.
Medical expenses as special damages
Medical bills make up the biggest part of many claims. Virginia law lets you include past:
- Past medical bills and treatment costs: These include your initial ER visit, ambulance ride, follow-ups, and tests. Every receipt counts.
- Future medical care and rehabilitation: If your injury needs ongoing therapy or future procedures, you can ask for money to cover those needs. Expert testimony helps estimate those future costs.
- Medical equipment and assistive devices: Wheelchairs, braces, crutches, and similar equipment fall under special damages. So do modifications to your home or car for accessibility.
- Transportation costs for medical appointments: If your treatment required regular travel, even short trips, those gas costs, bus fares, or rideshare fees count as special damages.
Can you recover lost income beyond your current salary?
Lost income isn’t just about what you didn’t earn during recovery. It can also affect your long-term earning ability.
- Lost earning capacity vs. lost wages: Lost wages cover what you’ve already missed. Lost earning capacity refers to future income you can no longer earn because of your injury. A construction worker who can’t lift anymore may need to switch to lower-paying work, and that difference is compensable.
- Benefits and bonuses as recoverable income: Health insurance, retirement contributions, overtime pay, and annual bonuses can all be part of your claim. If you missed them because of your injury, they count.
- Self-employment and business income loss: Freelancers, contractors, and small business owners can claim losses too. Profit and loss statements, invoices, and client records help show what you would’ve earned.
Impact on career advancement and promotions
If you missed a training, couldn’t interview for a new role, or had to step back from leadership opportunities, that lost chance for career growth has value.
Property damage and special damages
Some personal injury claims include damage to your belongings. These costs qualify for reimbursement too.
- Vehicle repair and replacement costs: If your car was damaged or totaled in the accident, you can claim repair bills, towing charges, and the value of a replacement if needed.
- Personal property damaged in the accident: Phones, glasses, watches, laptops, clothing, or other belongings damaged in the incident can be included in your claim if you have receipts or valuations.
- Rental car expenses and transportation costs: If you had to rent a car or use alternate transportation while yours was being repaired, those costs also fall under special damages.
How a Virginia personal injury attorney can maximize your special damages
Handling this process on your own can lead to missed opportunities and underpaid claims. An attorney helps you fight for the full amount you’re owed.
Identifying all recoverable economic losses
Attorneys know where to look for hidden or overlooked losses. They can identify all your potential claims, even the ones you hadn’t thought about yet.
Working with medical and economic experts
Attorneys often work closely with professionals who help calculate future medical needs and income loss, then back up those numbers with solid evidence.
Negotiating with insurance companies
Insurance companies may try to settle for less. Your attorney speaks their language, pushes back, and argues for a fair amount based on your full damages.
Presenting evidence in court
If the other side refuses to offer a fair resolution, your attorney prepares your case for trial and presents your evidence clearly and persuasively to the jury.
Frequently asked questions about special damages
Do I need receipts for every expense to claim special damages?
Not always, but the more you can show, the stronger your case. Receipts, bills, and records make it easier to recover what you spent.
Can I claim special damages if I was partially at fault for the accident?
Yes. Virginia’s contributory negligence rule is strict, but if you’re found completely free of blame, you can still recover special damages in full.
What if my medical treatment isn’t finished yet?
You can still file a claim, but your attorney may recommend waiting until your condition stabilizes or working with doctors to estimate future care costs.
How do special damages affect my settlement negotiations?
They form the foundation of your claim. The more clear and complete your special damages are, the more leverage you have during negotiations.
Our Virginia personal injury lawyers can help you recover special damages
At Allen & Allen, we know the real costs an injury brings. It’s not just the hospital bill or a few missed days of work. It’s every extra mile driven, every lost hour of sleep, and every dollar that shouldn’t have come out of your pocket. We treat your claim like it’s our own and fight for the outcome that gets your life moving forward again.
If you’ve been hurt because of someone else’s actions, contact us today for a free case evaluation. Let us help you recover what you’ve lost.