Special damages
The losses you can add up — medical bills, lost earnings, property damage.
They anchor the claim. They also raise a question people find counter-intuitive: which number counts, the bill or what was paid. This is general information, not legal advice.
What it means
Special damages are also called economic damages. Past and future medical expenses, past and future lost earnings, lost earning capacity, and property damage all sit here.
For a plaintiff whose care was paid by insurance, California limits past medical damages to the amount actually paid and accepted, not the amount billed. The full billed figure is generally not admissible even as evidence of the value of future care.
Where a plaintiff treats on a lien rather than through insurance, the analysis is different, and the reasonable value of the services is what is in issue. This is a technical area with real consequences for what a case is worth.
Where this is dealt with properly
This entry is the short answer. These pages own the subject.
Common questions
- My hospital bill was far higher than what my insurer paid. Which counts?
- For past medical damages where insurance paid, the amount actually paid and accepted is the measure. The larger billed figure generally does not come in.
Start a case review call
On a case review call, I go through the facts with you: what happened, when, whether you were hurt, whether anyone represents you, and how to reach you. It is not legal advice, and I will not put a value on your claim.
Sources: CACI No. 3903A, Judicial Council of California Civil Jury Instructions (2026 edition) (medical expenses, past and future); CACI No. 3903C (past and future lost earnings); CACI No. 3903D (lost earning capacity); Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 (recovery limited to amounts paid and accepted); Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308 (billed amounts not admissible for future care or general damages). CACI references after the first use the short form.