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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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Recent Special Damages Questions

  • I received a demand letter from a previous customers lawyer

    I received a demand letter from a previous customers lawyer stating that we breached our contract on a remodel job and demanding payment for what they say it cost to complete the job. When work stopped on the job we were still owed over $7000.00 but they say it cost them over $11,000.00 to finish. The letter states I will be sued for the $4000.00 if I do not pay them. We were days from completion on this job with only about $1000.00 left to complete. The reason we pulled from job was that she was saying she was not happy and was not going to pay. The job was paid on a draw schedule and payments were only given to us after she approved work that had been done. The customer continued to ask for extras and when we finally started refusing to do any more that what was on the contract she said she was not happy with any of the work and would not pay. If she did spend $11,000.00 on finishing the job she must have redone work we did that she already paid for and approved. this is the first time I have ever ran into anything like this and am not sure how to proceed.
  • I signed a contract with Universal Windows without realizing

    I signed a contract with Universal Windows without realizing a I was signing a legal contract. (Stupid on my part) I was told that I would be contacted before a crew would come and do precise measurements on our work, I was not notified and when I emailed them after 10 days to tell them we changed our mind I was reminded of the contract I signed and I would be charge for the work. I felt that I was lied to and I am upset that some came and took final measurements with out my knowledge. Is there legal recourse I may take?
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    I was involved in a personal injury claim that rendered me disabled. I am no longer able to complete my schooling, but now have college loans that must be paid back. Is the other party responsible?
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