special damages
What counts as money you can actually add up after an injury? Special damages are the measurable financial losses caused by an accident or wrongful act. They usually include medical bills, rehabilitation costs, prescription expenses, lost wages, reduced earning ability, property damage, and other out-of-pocket losses that can be shown with records, receipts, invoices, or pay statements. They are different from general damages, which cover harder-to-measure harm like pain, emotional distress, or loss of enjoyment of life.
In a personal injury case, special damages often form the foundation of the claim's value because they give the insurer, judge, or jury concrete numbers to work with. If someone is hit on a commute between Rio Rancho and Albuquerque, for example, emergency care, follow-up treatment, missed work, and vehicle repair costs may all fall into this category. If monsoon flooding leads to a crash or delays treatment after an injury, those added documented expenses may matter too.
These losses can strongly affect settlement talks. Clear proof of special damages makes a claim easier to evaluate and harder to dismiss. In New Mexico, the statute of limitations for many personal injury claims is generally three years under NMSA 1978, Section 37-1-8, so gathering bills, wage records, and other documentation early can make a real difference.
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
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