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Special Damage Questions

Define Special Damages

What is a special damage? Special damages are defined as damages given in a legal procedure to a person or a business that has been harmed. Since general damages are meant to be for compensation and for pain and suffering, this type of compensation is to cover the medical expenses and related bills for the plaintiff. Special damages can relate to subrogation claim by the plaintiff’s medical insurance company.

Can someone sue another individual for slander such as stating they are a convicted rapist that is causing this person to change jobs?

These types of statements would in fact be considered slander, especially if they are untrue and would represent an action in defamation. Not only can this individual sue for slander but they will have the right to sue under consideration of special damages. The grounds for special damages could be that, since this statement was made, it has caused this individual to change jobs, and may require this individual to deal with more out of pocket expenses than usual.

In Texas what are the legal options if someone bought a vehicle that was damaged while being transferred by another company?

This individual’s legal option would be to sue for special damages. Since the company who transferred the vehicle was in the wrong and caused damages to the vehicle, it will be up to this company and their insurance company to make sure that all damages are fixed. If they refuse to fix this vehicle, then the individual can start a lawsuit.

If someone went to a salon where they received a haircut, and the hairdresser messed up the individual’s hair, can they sue the salon?

It could be very possible to sue another individual in this type of situation; this case would be taken to the Small Claims court. The individual could sue for carelessness, which normally would require them to prove that the hairdresser did not do their job properly, or under a breach of oral contract for this service. The issues that this person may run into would be showing some sort of damage. It can be very complex for the individual to show any type of damages that occurred unless they sue for special damages if their profession was modeling or acting. If not, the trial time could be very difficult to win the case, and could prove to be very expensive.

Could someone sue a community college for special damages because the student was accused of a crime that has caused them to change to a more expensive school, and they have to drive further to attend classes?

The expenses that relate to having to relieve damages by traveling to classes to another school would be classified as special damages, because it is an out of pocket expense. If this individual claims that they have sustained expenses because of traveling to another school, they could be awarded with a special damage claim. This individual might think about filing a motion to adjust the complaint and specifically set out the financial expenses that they have dealt with when justifying their damages and having to change to another school.

When dealing with claims that cause the person to spend more money out of their pocket for something that was not their fault, this may be a claim for special damages. There is a difference between general and special damages and many individuals are not aware of that difference. If you need information dealing with special damages and general damages contact the Experts.

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Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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Recent Special Damages Questions

  • I hired a general contractor for few handy task around my home.

    I hired a general contractor for few handy task around my home. Each task has a job description. He has people work for him and have done a good job thus far. The last task consist of few things such as painting a bathroom and to make a good appearance of the mantel area and revanish the door of the house main entrance etc. All material and labor are included in the price of $1800.
    50% or $900 is paid at time of the contract execution 9/19/14. Job is planned to finish by 9/26/14. His people showed up for 3 days then disappear without a word. I phoned few times and left message without a response back from him. My home is a mess and my guess that it would take another 2 days for the required works 2b completed. Yesterday around 7:30PM I phoned his cell phone again and left message that should his people do not show up on 9/30/14 to complete the required work I shall have no other choice but hire another contractor to finish it and bill him for what it cost. I hope they will show up this morning to avoid unecessary confrontation and mess to resolve the issue. Please advise what else should I do? Thank you.
  • I want to send an email to the people i know that this individual

    I want to send an email to the people i know that this individual has been harrassing me, his email is proof. Plus he has a lot of previous negative court records that are available for public view online extortion, defamation....etc. Before I send this, I want to make sure I am doing the right thing. Thank you.
  • My daughter broke her kneecap in a slip and fall accident at

    My daughter broke her kneecap in a slip and fall accident at a restaurant. She has had surgery to correct it and will now required extensive physical therapy. She is unable to work and to make it even worse, she is seven months pregnant. We plan to ask the restaurant to pay any out of pocket medical bills not covered by insurance, but how do we determine pain and suffering. What is a reasonable amount in this situation.
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