What are 'special damages'?

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Special damages refer specifically to compensation awarded for quantifiable losses that an individual incurs as a direct result of an injury or wrongful act. These damages are typically related to out-of-pocket expenses, such as medical bills, lost earnings, property damage, and other specific financial losses that can be documented with clear evidence.

The essence of special damages lies in their ability to be precisely calculated, thus providing a concrete basis for the amount awarded. This distinguishes them from general damages, which encompass non-monetary aspects such as pain and suffering that are more subjective and not easily quantifiable.

In contrast, options focusing on undetermined amounts, future earnings without defined amounts, or punitive measures do not accurately capture the nature of special damages. Therefore, the identification of special damages as out-of-pocket expenses emphasizes their characteristic of being both measurable and directly tied to the plaintiff's financial losses.

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