Legal Definitions - Specials

In legal terms, "Specials" refers to special damages. These are specific, quantifiable financial losses that a person or entity suffers as a direct result of another party's wrongful act, such as negligence, breach of contract, or other legal wrongdoing. Unlike general damages, which cover non-economic losses like pain and suffering, special damages are concrete, out-of-pocket expenses or lost income that can be precisely calculated and proven with documentation like receipts, invoices, or financial records.

Here are some examples illustrating special damages:

• Example 1: Car Accident and Medical Expenses

  Imagine a pedestrian is struck by a negligent driver, resulting in a broken leg and several weeks off work. The pedestrian's special damages would include the ambulance bill, hospital charges for surgery, physical therapy costs, prescription medication expenses, and the exact amount of wages lost during their recovery period. They might also claim the cost of a taxi service used to get to medical appointments if they couldn't drive.

  This illustrates special damages because each of these items represents a direct, measurable financial cost incurred due to the accident. They are specific expenses that can be documented with bills, pay stubs, and receipts.

• Example 2: Breach of Contract in Business

  Consider a small business that contracts with a supplier for a unique component essential for its product line. If the supplier fails to deliver the components as agreed, causing the business to halt production and miss a major sales deadline, the business could claim special damages. These might include the extra cost of purchasing replacement components from another supplier at an expedited rate, the lost profit from the specific sales contract that was missed due to the production delay, and any penalties the business had to pay its own client for failing to deliver on time.

  These are special damages because they are direct financial losses that can be calculated based on invoices, sales records, and contractual agreements, all stemming from the supplier's breach.

• Example 3: Property Damage and Temporary Relocation

  Suppose a homeowner hires a contractor to renovate their bathroom, but due to faulty plumbing installation, a significant water leak occurs, damaging the kitchen ceiling and flooring below. The homeowner's special damages would include the cost of hiring a different, competent contractor to repair the water damage and replace the damaged ceiling and flooring. It would also include the expense of temporarily staying in a hotel while the repairs made the home uninhabitable, and the cost of replacing any spoiled food from the refrigerator that had to be unplugged during the repair process.

  These are special damages because they are all direct, calculable financial expenditures incurred to restore the property to its original condition and mitigate the immediate consequences of the contractor's negligent work.