Special Damages

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Definition of Special Damages

Special damages may be sought in contract and tort law and along with general damages they are classified as "compensatory damages". The goal of compensatory damages is to return the victim to the position they were in before they were injured. Special damages may not be a direct result of the injury but can be additional costs which a injured party incurs such as repairs and replacement of property, medical expenses, lost wages and other damages. Special damages differ from general damages which could include loss of consortium, compensation for pain and suffering and mental anguish. Special damages can be calculated according to the cost of the actual loss, where general damages cannot. Special damages must be outlined in the plaintiff's original complaint.

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