What Are General and Special Damages for Personal Injury?

If you’re wondering what are general and special damages for personal injury? General damages cover non-economic losses like pain and suffering, while special damages address specific, quantifiable expenses like medical bills and lost wages. The goal of a personal injury lawsuit is to recover damages incurred, equivalent to the suffering and loss associated with the event. Understanding different damages can help individuals stay informed throughout their case. 

You’ve been injured in an accident, and while the resulting physical pain is more than enough trouble to deal with, you’re also facing growing medical bills, lost income, potentially lifelong physical challenges and emotional distress. While insurance claims can cover losses incurred in an accident to some degree, there are situations where extraordinary measures need to be taken to secure your rightful compensation. 

Yes, you may be entitled to the money needed to cover your medical expenses, but did you know that you may also be entitled to monetary compensation for the emotional distress caused by the accident, as well as its long-term ramifications (trauma)?

Not understanding the differences between general and special damages could cost you your chance at this valuable compensation, leaving you financially strapped during recovery. Let’s go over some key distinctions between general and special damages, and other types of damages, ensuring you know exactly what you’re entitled to in your personal injury claim.

What Are General and Special Damages?

Tort law concerns itself with civil cases where one or more parties suffer loss or harm through another party’s tortious act, in which case legal liability must be established. Holding someone liable for another person’s suffering then calls for compensation, usually financial. 

Claimants must provide proof that the defendant can be held responsible for their pain and suffering, at which point a court can award damages based on the circumstances and aftermath of the inciting event be it an accident or even a willfully harmful act. Most damages are compensatory, but under certain circumstances, a judge may also award punitive damages to punish the defendant for malicious behavior or gross negligence. Both general and special damages are compensatory damages. 

Definition of General Damages

General damages describe all non-economic losses associated with the event in question. They encompass everything that cannot be objectively valued in monetary terms, such as pain, suffering, disfigurement, loss of reputation, and emotional trauma.

Definition of Special Damages

Special damages are much easier to quantify and outline, because they encompass any and all financial losses incurred as a result of the accident and its aftermath. While there are limits to what counts as a financial loss, the general costs associated with personal injury include: 

• Medical bills (ongoing medication costs, surgeries, emergency room care)
• Lost wages (including loss of opportunity for entrepreneurs or small business owners)
• Household assistance costs
• Physical and mental rehabilitation costs
• Property damage (e.g., car repair bills, towing costs)

How General Damages Are Calculated

Insurance companies and tort law specialists use different formulas to calculate non-economic losses based on a combination of the existing economic losses (special damages) and factors on which the court can decide the extent of an individual’s general damages, such as how the accident has negatively changed the plaintiff’s life, the duration and severity of the pain, loss of consortium (losing loved ones, strained relationships, loss of friendship, lessened contact with other people), or inability to enjoy life (loss of ability to pursue hobbies and interests, loss of career, loss of job opportunities, etc.)

Certain testimonies can give weight to general damages, such as an evaluating psychiatrist or mental health professional who has provided services over the course of the accident’s aftermath. 

How Special Damages Are Calculated

Special damages are calculated through invoices, medical records, receipts, pay stubs, and tax returns. 

The information on pay stubs/pay slips is used to determine lost wages. Entrepreneurs or business owners can use their tax returns to calculate their average monthly income and use it as a basis for their lost income. Individuals who suffered a career setback due to the accident can also calculate what wages they should have been earning if not for their diminished capacity to work in the months after the accident. 

Record keeping is crucial here. Ensuring that you continue to schedule follow-up doctor’s appointments and collect and catalogue your invoices is important for establishing a clear paper trail to back up your special damages. Some injuries can become chronic or worsen over time, which can result in long-term medical costs and ongoing prescription medication costs. These count as special damages as well. 

Why It’s Important to Know the Difference in Your Claim

Knowing the difference between special and general damages in your personal injury claim is essential because each type covers different aspects of loss, impacting how much you can receive in compensation.

Maximizing Your Compensation

A better understanding of personal injury cases, and the difference between different kinds of damages helps you compile all evidence and documentation required for both damages types. 

For example, accurately accounting for each medical visit and ongoing therapy costs maximizes special damages, while testimonials and personal statements strengthen your claim for general damages. Furthermore, accurate accounting can also help back up your general damages claim, improving the final multiplier on your total compensation with your attorney’s assistance. 

Legal Assistance and Advocacy

Attorneys use a combination of documentation, precedent, and expert testimonies to accurately estimate and argue for both types of damages. For special damages, they work with your medical providers, gather receipts, and calculate total losses. For general damages, attorneys often argue for a multiplier to your economic damages or use the per diem method to account for the intensity and duration of your suffering, although the final decision rests in the court’s hands. 

Conclusion

Understanding the distinction between general and special damages can make a world of difference in personal injury cases. Partnering with an experienced attorney ensures that every factor is carefully documented and argued, maximizing your potential compensation and providing the support needed to move forward.