When someone suffers an injury due to an accident—whether it’s a car crash, slip and fall, or another form of negligence—they are entitled to compensation for their losses. In Alberta, personal injury law recognizes several types of compensatory damages. Two notable ones are: general damages and special damages. While general damages refer to non-monetary losses like pain and suffering, special damages are awarded to compensate for specific, quantifiable financial losses incurred as a direct result of the injury. Other heads of damages are: Loss of Past Income, Loss of earning capacity, loss of house keeping capacity, Future costs of care, loss or consortium to mention but a few. This blog focuses on Special Damages.
This article explores what special damages are, how they are calculated in Alberta, and the invaluable support that Watchmaker Law: Accident and Personal Injury Lawyers in Edmonton, led by managing lawyer David Sowemimo, can provide in maximizing your compensation.
What Are Special Damages in Alberta Injury Law?
Special damages, also known as pecuniary damages, are the actual out-of-pocket expenses and financial losses an injured person suffers due to an accident. Unlike general damages (which are subjective and require judgment to value), special damages are calculated based on documented evidence and are generally easier to quantify.
Common Types of Special Damages Include:
- Medical Expenses (Past and Future):
- Hospital visits
- Prescription drugs
- Rehabilitation and physiotherapy
- Assistive devices (e.g., wheelchairs, braces)
- Travel costs for medical appointments
- Lost Income or Loss of Earning Capacity:
- Wages lost due to time off work
- Lost business opportunities (for self-employed individuals)
- Loss of future earning potential if the injury leads to permanent impairment
- Cost of Housekeeping and Home Maintenance:
- If the injury limits your ability to clean, cook, or maintain your home, the cost of hiring help is recoverable
- Property Damage:
- Vehicle repair or replacement
- Damaged personal items like phones, glasses, or clothing
- Out-of-Pocket Expenses:
- Parking fees, over-the-counter medication, medical supplies, or other incidental costs
- Future Care Costs:
- Long-term therapy
- Home modifications for accessibility
- Personal care attendants
How Are Special Damages Calculated in Alberta?
The calculation of special damages in Alberta follows a straightforward but evidence-driven process. Here’s a step-by-step breakdown:
1. Documentation Is Key
The injured party must keep all receipts, invoices, prescriptions, employer letters, and related records. Courts in Alberta only award special damages for losses that are proven by credible documentation.
2. Medical Reports and Expert Assessments
To establish ongoing or future medical costs, Alberta courts often rely on medical experts, physiotherapists, or occupational therapists. These experts help project how much care will be needed in the future and the associated costs.
3. Employment Verification
If you’re claiming lost wages, you’ll need employment records showing your salary or hourly wage, the amount of time missed, and medical justification for the absence.
For loss of earning capacity, expert witnesses (such as vocational consultants or economists) may be used to estimate future income losses based on your pre-injury occupation, skills, and disability level.
4. Legal Valuation
Special damages must be “reasonable and foreseeable,” meaning the court will assess whether the claimed costs were a logical consequence of the accident and whether you took reasonable steps to mitigate those losses.
5. Time Sensitivity
Claims must comply with limitation periods in Alberta. Most personal injury claims must be filed within two years of the accident. Missing this deadline can bar your right to recover special damages, no matter how well-documented.
The Crucial Role of Watchmaker Law in Maximizing Special Damages
Navigating special damages requires a skilled and experienced legal advocate. This is where Watchmaker Law: Accident and Personal Injury Lawyers in Edmonton, under the leadership of David Sowemimo, plays a crucial role.
1. Thorough Case Evaluation
David Sowemimo and his team begin by conducting a comprehensive review of your injury, treatment, and financial impact. They don’t just tally expenses—they identify hidden losses such as long-term care costs or income-reduction trajectories.
2. Evidence Compilation and Expert Coordination
Watchmaker Law ensures you have all necessary documentation—medical reports, therapy notes, income records, etc. They also engage credible expert witnesses to provide assessments that bolster your claim and stand up in court if necessary.
3. Strategic Negotiation with Insurers
Insurance companies are notorious for minimizing or denying special damage claims. The Watchmaker Law team uses strategic negotiation to advocate for the full value of your losses, backed by solid evidence and legal precedent.
4. Trial-Ready Representation
If negotiations fail, David Sowemimo is fully prepared to represent you in court. His litigation experience in Alberta’s personal injury system means you’re never forced into a lowball settlement.
5. No Upfront Fees – You Only Pay if You Win
Watchmaker Law operates on a contingency fee basis. That means you pay nothing upfront—legal fees are only collected if your case is successfully resolved. This makes it risk-free to pursue what you’re rightfully owed.
Why Special Damages Matter in Your Recovery
It’s easy to focus only on general damages like pain and suffering, but special damages often form the financial backbone of a personal injury settlement. These are the real-world expenses that impact your ability to recover, support your family, and maintain independence after an injury.
Without the right legal team, you may overlook critical losses, undervalue future care costs, or settle for less than your financial needs demand.
Get Help Today – Call Watchmaker Law
If you’ve been injured in Edmonton, you don’t have to navigate the complexities of special damages alone. Contact Watchmaker Law: Accident and Personal Injury Lawyers in Edmonton, where David Sowemimo and his compassionate legal team are ready to help you document, calculate, and recover every dollar you deserve.
They bring clarity, strategy, and fierce advocacy to every case—helping injured Albertans secure financial justice and peace of mind.
Contact Watchmaker Law Today
“We don’t just chase settlements. We pursue justice.” – David Sowemimo, Managing Lawyer, Watchmaker Law
If you’re ready to get started with your personal injury claim—or you just need guidance on your options—schedule a free consultation today with Watchmaker Law. Let their team help you move forward with strength, confidence, and the compensation you rightfully deserve.
