how to calculate special damages

how to calculate special damages

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3. Before you start calculating your damages, it's important to remember that pain and suffering damages must be supported by evidence. How to Calculate Pain and Suffering Damages. Damages and The Multiplier. Decide what the fair market value is for the items that you have lost. Calculating Damages: The Difference between Special and General Damages At McMullin Legal Group, we help our clients get the maximum compensation available to them after an accident. Evidence of Pain and Suffering. After you enter your numbers and click "Calculate," the two dollar figures you see above the "Your Total Settlement Estimate" field represent the two main types of damages that arise in the majority of injury cases: economic losses (called “special” damages) and non-economic losses (called “general” damages). Special Damages. These damages are intended to return the plaintiff to the position that he or she was at before the slander occurred so that he or is she is basically in the same situation as he or she would have been not having been wronged. General damages are damages considered to flow naturally and generally from a breach in the normal course of events and are recoverable without a need to prove anything more. Punitive damages are normally used as punishment against companies or individuals who are proven to be at fault for an incident of extreme negligence. General Damages . This will provide a starting point when calculating the compensatory damages that you are entitled to. When the jury allows an award of special damages it is providing compensation for expenses you have incurred or will incur and for money lost because of the accident and injuries. It takes into consideration all of the expenses you were forced to incur as a direct result of the accident. Actual or Special Damages Actual or special damages are compensatory damages. Punitive Damages. If you have been involved in an accident and have a personal … General damages are those damages that are difficult to calculate. Since these types of economic damages can be easily calculated (i.e exact amount of medical bills or exactly how much time missed from work multiplied by wage), they are often the easier to obtain damages. If a personal injury claim was always as simple as only having special damages, things would be more clear cut. Unlike general damages, calculating special damages is much more straightforward because it is based on actual expenses. To calculate your damages, you must be able to document the terms of the contract, what went wrong in the contract, and how you lost time or money because of the problem. The common law of contract draws a distinction between general and special damages suffered. Punitive damages usually accompany general and special damages. These include costs to repair or replace damaged property, lost wages, sick or vacation time you used during your recovery, and any other out-of-pocket expenses you incurred because of the injury. Special damages are typically easy to calculate. In other words, figure out how much would it cost you if you had to replace the items that you lost, in the same condition that they were in at the time of your loss. Special damages are economic, holding a specific dollar value to it. So, your total estimate of damages, including pain and suffering, would be: $10,000 (special damages) x 5.0 (multiplier) = $50,000. 2. Holding a specific dollar value to it a specific dollar value to it were to! Extreme negligence Actual expenses you start calculating your damages, things would be more clear.! The fair market value is for the items that you have lost 's important to remember that pain suffering. 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