When filing personal injury claims, compensation is broadly divided into two categories: special damages and general damages. The primary difference is measurability. Special damages cover quantifiable, out-of-pocket financial losses like medical bills and lost wages, while general damages compensate for non-monetary losses such as pain, suffering, and emotional distress.
Understanding how these categories apply to your case is a fundamental aspect of personal injury law. Because proving economic losses requires exact documentation and receipts, and partnering with a special damages lawyer like Sidhu Personal Injury Lawyers Calgary. Get your expenses accurately calculated and fully recovered.
What Are Special Damages in Personal Injury Claims?
Special damages are financial losses that can be calculated using objective evidence, such as receipts, invoices, pay stubs, or repair estimates. Also referred to as economic or pecuniary damages, they are intended to reimburse an injured person for measurable expenses and monetary losses resulting from another party’s negligence.
In personal injury law, like in cases of motor vehicle accidents, special damages may include:
- Medical expenses
- Ambulance costs
- Rehabilitation expenses
- Lost income
- Property repair or replacement costs
An insurance company will review these claims closely, so clear documentation is important. A special damages lawyer can help gather the evidence needed to support these losses and present a stronger claim.
Need to be reimbursed for out-of-pocket expenses after an accident? Keep your receipts and contact our special damages lawyer.
What Expenses Cannot Be Claimed as Special Damages?
Not every out-of-pocket expense connected to a personal injury case will qualify as recoverable special damages from serious injuries. Courts generally exclude costs that are unreasonable or too remote to be directly tied to the injury.
For example, interest charges on credit cards, personal loans, or other borrowed funds are not recoverable. Even when an injured person depends on credit because they are unable to work after a car accident, the interest that builds up is considered too indirect to be compensated under personal injury law. Calgary personal injury lawyers explain that these financing costs are separate from the actual losses caused by the injury.
Claimants are also expected to keep their expenses reasonable. Special damages are meant to cover necessary recovery costs, not the most expensive options available. If a comparable and less costly treatment or service would have been enough, a court may reduce or refuse reimbursement for excessive expenses.
What Are General Damages?
General damages compensate an injured party for non-financial losses resulting from an accident. Unlike special damages, these personal injury damages address the physical, emotional, and psychological effects of an injury, including pain and suffering, emotional distress, loss of companionship, permanent disfigurement, and a reduced quality of life.
Because these losses do not have a fixed financial value, calculating general damages is more complex than measuring medical bills or lost wages.
Even when two individuals are involved in the same incident, their recovery, symptoms, and long-term outcomes may vary. One person may recover with few lasting effects, while another develops depression, anxiety, or post-traumatic stress disorder (PTSD). In cases involving catastrophic injuries, the physical and emotional consequences are permanent, leading to higher awards for pain and suffering.
When determining general damages, courts consider several factors:
- Severity of the injury
- Injured person’s age and health before the accident
- Expected impact on daily life
- Whether the condition is likely to be permanent
Judges also review previous cases involving similar injuries to promote fairness and consistency when awarding personal injury damages.
You deserve fair compensation for your damages. Get trusted legal representation from Sidhu Personal Injury Lawyers Calgary today.
Personal Injury Case Sample of General and Special Damages
A well-known example of how Canadian courts distinguish between general damages and special damages is Andrews v. Grand & Toy Alberta Ltd. (1978). In this case, 21-year-old James Andrews suffered catastrophic spinal cord injuries in a motor vehicle accident, leaving him a permanent quadriplegic. Although liability was largely established, the Supreme Court of Canada focused on determining fair compensation for both his financial losses and non-financial suffering.
The Court awarded compensation under two main categories: special damages, which reimbursed measurable financial losses already incurred, and general damages, which compensated Andrews for the lifelong impact of his injuries.
| Head of Damage | Award | Purpose |
| Future Medical Expenses or Care Costs | $571,432 | Covered lifelong care, including $14,200 for special equipment and $557,232 for ongoing home care and medical assistance. |
| Loss of Future Earning Capacity | $69,981 | Compensated the plaintiff for the loss of future earning capacity resulting from permanent disability. |
| General Damages (Non-Pecuniary) | $100,000 | Awarded for physical pain and suffering, loss of amenities, loss of enjoyment of life, and reduced life expectancy. The Court stated that, except in exceptional circumstances, this amount should serve as the upper limit for non-pecuniary damages at that time. |
| Total General Damages | $740,000 | Combined all pecuniary losses (future care and future earning capacity) and non-pecuniary damages into one total general damages award. |
| Special Damages | $77,344 | Reimbursed documented financial losses incurred before trial, such as medical reports and other out-of-pocket expenses. |
| Total Award | $817,344 | Total compensation awarded before applying the finding that the plaintiff was 25% contributorily negligent. |
Need a Personal Injury Law Firm For Special Damages?
Serious personal injuries require a legal team with the experience to handle complex claims and pursue the compensation you deserve. Whether you sustained physical injuries from a motor vehicle accident, medical malpractice, or a defective product, you have the right to seek compensation. Don’t let legal fees discourage you— personal injury lawyers in Calgary, including Sidhu Personal Injury Lawyers Calgary, work on a contingency fee basis, meaning you don’t pay unless your case is successful.
Seek legal help today. Visit our office at 909 17 Ave SW, Floor 4, Calgary, AB T2T 0A4, or call us at (403) 800-0314.
Frequently Asked Questions
Can the family of a deceased victim recover special damages in a wrongful death claim?
Yes. In Alberta, eligible family members may recover special damages in a wrongful death claim if they incurred reasonable expenses because of their loved one’s death. Under the Fatal Accidents Act, recoverable special damages can include funeral and burial expenses, costs of caring for the deceased between the injury and death, reasonable travel and accommodation expenses for visiting the deceased before death, and grief counselling fees. These expenses must generally be supported by receipts or other evidence.
In addition to special damages, eligible family members may also be entitled to statutory bereavement damages for grief and the loss of the deceased’s guidance, care, and companionship.
Can you recover special damages for minor injuries, such as soft tissue injuries?
Yes. You may be able to recover special damages even if your injuries are considered minor, such as sprains, strains, whiplash, or other soft tissue injuries. While Alberta’s Minor Injury Regulation may limit the amount you can receive for general damages (pain and suffering), it does not prevent you from claiming reasonable financial losses caused by the injury.
Do you need to prove someone else’s negligence to receive general damages?
In most Alberta personal injury claims, you must prove that another person or party was negligent before you can recover general damages for pain and suffering, loss of enjoyment of life, or other non-financial losses. This generally means showing that the other party owed you a duty of care, breached that duty, and that their negligence caused your injuries and resulting damages. If you cannot establish negligence or another legal basis for liability, you will generally not be entitled to general damages. If you were partly at fault for the accident, your compensation may be reduced under Alberta’s Contributory Negligence Act, rather than denied altogether.
