General Damages vs. Special Damages
Damages in personal injury cases are typically divided into two categories: general damages and special damages. These two categories differ in terms of the types of harm they compensate for, the way they're calculated, and the underlying principles guiding their award.
If you've been injured due to another party's negligence, my firm at Injury Lawyer PDX, LLC in Portland, Oregon, is here to help.
Whether you've suffered from general damages or special damages, as your personal injury lawyer, I'll strive to help you recover your compensation. Here's what you need to know about these damages and how they impact your claim.
What Are General Damages?
General damages refer to compensation for non-economic losses that an individual experiences as a result of an injury. These damages are intended to address the intangible, often subjective aspects of harm caused by the injury, such as physical pain, emotional distress, and the loss of quality of life.
Unlike special damages, general damages can't be directly quantified in monetary terms. They encompass the more personal and emotional consequences of the injury, focusing on the impact on the injured person's overall well-being.
Some common examples of general damages include:
Pain and suffering: This refers to the physical discomfort and pain experienced by the injured person. Pain and suffering encompass the immediate effects of an injury, as well as any long-term or chronic pain that the individual may endure. For instance, if an individual suffers lasting pain from a broken limb after a car accident, they may be entitled to compensation for that pain.
Loss of amenity: This relates to the loss of enjoyment of life or the inability to participate in activities the injured person previously enjoyed. If the injury prevents someone from engaging in hobbies or social activities, the court may award damages for the reduction in quality of life. An example might include someone who can no longer participate in a sport they loved due to a serious injury.
Emotional and psychological distress: Injuries can also cause emotional harm, such as anxiety, depression, or post-traumatic stress disorder (PTSD). General damages may compensate for the psychological effects of the injury, such as the trauma associated with being in an accident or suffering from a disabling injury.
Loss of quality of life: In some cases, injuries significantly affect a person’s ability to perform day-to-day tasks or engage in personal or social activities. General damages address the impact of the injury on an individual's overall lifestyle and satisfaction, compensating for the diminished ability to enjoy life as they did before the injury.
Now that you have a concept of what constitutes general damages, you can begin to calculate them with the help of your personal injury lawyer. However, calculating general damages can be challenging because these damages are based on subjective factors.
Calculation of General Damages
When determining the amount to award, the court may consider factors such as the extent and severity of the injury, the long-term prognosis, the plaintiff’s age, and how the injury impacts their daily life.
Professional testimony may be used to support the claim, especially when it comes to assessing pain, suffering, and psychological distress. Unlike special damages, general damages aren't limited by a fixed sum but are tailored to each individual case, meaning the award can vary significantly depending on the specific circumstances.
What Are Special Damages?
Special damages are compensation for the economic losses that can be precisely quantified as a result of the injury. These damages are designed to reimburse the injured person for actual financial losses incurred due to the injury.
Special damages cover tangible losses, such as medical expenses, lost wages, and the cost of repairing damaged property, all of which are directly related to the injury. This is why, as your personal injury lawyer, I recommend documenting your injuries and financial losses to the best of your ability.
Special damages can encompass a wide range of losses, including:
Medical expenses: This includes any costs related to the medical treatment or rehabilitation the injured person has received due to their injury. These can include hospital bills, surgical costs, physical therapy, medications, and any ongoing medical care. Medical expenses can quickly add up, especially in cases involving serious injuries that require long-term treatment.
Lost wages and loss of earning capacity: If the injury results in the individual being unable to work or needing to take time off from their job, the injured party may be entitled to compensation for the lost wages. Special damages may also include compensation for future lost earnings if the injury results in a long-term or permanent reduction in the individual's ability to earn income.
Care costs: In cases where the injury requires the plaintiff to hire help, such as a caregiver or assistance for daily living, the cost of this care can be covered by special damages. For instance, if someone suffers a spinal cord injury and requires full-time care, the cost of hiring a caregiver would fall under special damages.
Property damage: If the accident also caused damage to the plaintiff’s property, such as in a car accident where the vehicle is damaged, the cost of repairs or replacement of the property would be included in special damages.
Travel expenses: In cases where the injured person needs to travel for medical appointments or treatments, the associated travel costs—such as transport fares, fuel, or parking—can be reimbursed as part of special damages.
Fortunately, calculating special damages with the help of your personal injury lawyer is more straightforward than general damages because these are based on actual, verifiable financial losses.
Calculation of Special Damages
To substantiate a claim for special damages, the injured party must provide documentation such as receipts, medical bills, pay stubs, and invoices to prove the expenses incurred due to the injury. The more detailed and organized the evidence, the stronger the case for special damages.
In cases involving future special damages, such as anticipated medical expenses or loss of future income, professional testimony may be necessary. Medical professionals, economists, and other professionals may be called upon to estimate the future costs and losses associated with the injury.
Special damages are intended to directly compensate for the specific financial losses caused by the injury. Because these damages are based on real financial figures, the calculation process is objective, and it's generally easier to determine the amount of compensation to be awarded compared to general damages.
While both general and special damages are aimed at compensating the injured party for their losses, they differ significantly in terms of their nature, calculation, and the harm they address.
Key Differences Between General and Special Damages
General damages compensate for non-economic losses that are difficult to quantify, such as pain, suffering, emotional distress, and the loss of quality of life. These damages are often calculated based on the severity of the injury, its long-term impact, and the plaintiff's testimony about their suffering.
Special damages, on the other hand, are designed to compensate for economic losses that can be precisely calculated. This includes things like medical bills, lost wages, property damage, and future expenses that are directly tied to the injury.
Moreover, special damages are easier to quantify because they involve specific financial amounts that can be documented and proven.
Though they differ, both general and special damages play a crucial role in making sure that personal injury victims receive fair compensation for the harm they've suffered.
Damages in Personal Injury Cases
In many personal injury cases, general damages form the largest portion of the compensation, particularly when the injury leads to long-term pain or a permanent reduction in quality of life.
However, the overall amount of damages awarded will depend on the severity and long-term effects of the injury, as well as the financial losses that have been incurred due to the accident.
It's important for personal injury plaintiffs to document all their losses, both economic and non-economic, in order to make sure that they're fully compensated.
A personal injury lawyer representing an injured party must gather evidence to support both general and special damages claims, making sure that all aspects of the injury are addressed in the compensation process.
Contact a Personal Injury Lawyer Today
If you've been injured due to another person's negligence or recklessness, don't hesitate to reach out to an experienced personal injury lawyer at Injury Lawyer PDX, LLC. I serve clients in Portland, Clackamas, Washington, Multnomah, Marion, Lincoln, and Tillamook, Oregon. Contact me today to schedule a consultation.