Many people ask about how their injuries translate into the more legal definition of damages. The exact terminologies can be deceptive and maybe confusing to those who are unfamiliar with the terms. The terms are inversely defined when dealing with tortuous claims as opposed to contracts to further confuse the subject. Here is a good explanation when dealing with torts:
Special damages are sought in lawsuits in addition to general damages. These two types are classified as Compensatory Damages and are both designed to return persons to the position they were in prior to the alleged injury.
For example, if a person was injured in an automobile accident, the victim could seek damages that would cover medical expenses, damage to the motor vehicle, and the loss of earnings now and in the future. Each of these would be classified as special damages. If the victim sought a money award for pain and suffering, mental anguish, and loss of consortium, these would be classified as general damages. Thus, special damages are based on measurable dollar amounts of actual loss, while general damages are for intangible losses that can be inferred from special damages as well as other facts surrounding the case. In this description special damages are damages that are reduced to a "sum certain" before trial.
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