In the United States alone, state courts process and decide over 100 million cases yearly. Many fall under tort law, specifically under personal injury law.
Personal injury law, in turn, safeguards individuals and their property. It protects them from the harm another’s action (or inaction) may cause. It also aims to make the defendant (the one who caused the damage) compensate the plaintiff (the victim).
So if you suffered losses because someone harmed you, you have the right to recover damages. Special damages are the most common type, but courts may also award general damages.
But what exactly are special and general damages in a personal injury case? Why is the latter less common, and when can you recover such?
We’ll address all those questions in the guide below, so read on.
What Are Special Damages?
Special damages are more common than general damages since they’re easier to calculate. This is because they’re the sum of the financial losses suffered by a plaintiff. These include property damages, medical bills, and wages lost due to injuries.
In many cases, special damages also include loss of earning capacity. This is usually 80% of the difference between the victim’s wages and earning power at the time of injury.
What Then Are General Damages?
Non-economic or general damages are losses that can be difficult to put a specific price on. While they arise from the harm caused by a defendant, they don’t result in actual monetary losses. Instead, they’re compensation for losses of intangible things.
Physical Pain and Suffering
In a personal injury case, “physical pain and suffering” may refer to a victim’s injury pain. It may also constitute the physical discomfort caused by necessary medical treatment.
Pain is intangible since one can’t see it and, thus, can’t measure its magnitude. While there are scales used to measure pain, they still rely on patient self-reports.
The amount of damages for pain and suffering highly depends on the type of injury sustained. Courts also base it on the nature of the medical treatment needed to address it.
Let’s use a car accident case as an example.
Suppose the incident resulted in damages to your property worth $4,700, the average cost in 2020. You also suffered a concussion, lacerations, and broken bones. As a result, you had to stay in the hospital for a few days, and your final bill amounted to $30,000.
In that case, the court will most likely award you pain and suffering damages. It will also be more significant than if you only sustained $1,000 in vehicle damage and medical bills.
Emotional Distress
Personal injury plaintiffs may also recover general damages for emotional distress. For example, they might do so if the accident caused severe mental anguish or mental illness.
PTSD is one of the most common psychological effects of an injury-causing accident. Indeed, a study found that 50% of crash survivors with chronic headaches and other pain also had PTSD.
Anxiety and depression may also occur in motor vehicle crash victims. These may arise from the traumatic memories left by the incident. In severe cases, they can be debilitating and affect a person’s overall quality of life (QOL).
Lost Quality of Life
In personal injury cases, quality of life refers to a person’s health and well-being. It also constitutes an individual’s ability to enjoy life.
Many factors comprise QOL, including the following:
- Daily life activities
- Caring for oneself and their dependents
- Earning a livelihood
- Recreational activities
An accident can lower a person’s QOL, as its after-effects can interfere with the above factors.
Suppose you’re a car crash victim who sustained multiple bone fractures. This resulted in temporary and partial immobility. Because of that loss of movement, you can’t care for yourself, much less go to work and do things you love.
In that case, you may recover general damages for diminished quality of life.
Disfigurement
A disfigurement is a permanent side-effect of a severe injury, usually in the form of scarring. It can impact self-image, confidence, and personal and professional relationships. Even worse, it causes cosmetic issues, chronic pain, loss of mobility, and inflexibility.
Thus, a disfigurement can lead to pain, suffering, emotional distress, and loss of QOL. So if you sustain such after an incident caused by another, you may pursue it as general damage.
You may also be eligible for compensation to recover from a disfigurement.
An example is if your accident caused facial injuries that altered your appearance. However, your surgeon says you’re a good candidate for reconstructive surgery. In that case, you may include the procedure’s cost in the damages you pursue.
Permanent Impairment
A permanent impairment can refer to the permanent loss or loss of use of a body part or body function. As a result, it can cause permanent disfigurement or disability. It’s a common occurrence following severe injury incidents.
Indeed, an estimated 2 million people in the U.S. develop a disability caused by vehicle crashes each year.
A common type of permanent impairment is an amputated arm or leg. This warrants compensation, considering it leaves victims needing in-home assistance or care. It also results in high medical costs, including rehabilitation, therapy, and pain management.
Amputation may also lead to lost income and loss of or diminished future earning power. For most victims, it also decreases or even robs them of their ability to enjoy life. After all, losing a body part can make it impossible to enjoy activities one did before the accident.
Loss of Consortium
Loss of consortium is the most difficult damage to put a price on because it already involves a life. It refers to a loss of love, affection, companionship, and sexual relations. However, it can also factor in how losing that person can affect society.
Personal injury cases that can lead to a loss of consortium include the following:
- Motor vehicle collisions
- Slip and fall accidents
- Defective product cases
- Medical malpractice and negligence
Loss of consortium doesn’t always mean that a person has died. However, the victim suffered injuries so severe they can no longer perform as a spouse or partner.
An example is when a car crash victim is in a state of comatose. While they may still be alive, they can no longer show their love and affection to their spouse. Neither can they provide companionship or enjoy romance with their partner.
How Can You Recover General Damages?
The odds are in your favor if you’re filing a personal injury claim as a plaintiff. However, you must first prove the extent of your losses and the harm you suffered caused by the defendant.
Let’s say you’ve been in a car crash that wasn’t your fault. You can prove you were in pain and suffered through your medical and hospital records. Doctors’ testimonies can also back your claims about emotional distress and diminished QOL.
Should You Hire an Attorney?
A personal injury attorney can help increase your chances of getting maximum compensation. This includes special and general damages.
Many reputable personal injury attorneys also offer initial advice at no charge.
Take this page listing details on Alpha Accident Lawyer services as an example. It states that the firm provides a free case evaluation. Use this to your advantage to determine if you can recover general damages.
A personal injury lawyer can also help build a strong case by gathering as much evidence as possible. For example, they will look at photos and videos, revisit the accident site, and review records. They will look for proof that you are the victim and that you played no role in the incident.
Proving you didn’t play a part in the incident is vital because it can affect your recovery.
For instance, a defendant claims you were 25% at fault for the incident that harmed you. The jury or court believed them. Depending on where you live, you may either get a lower compensation or none at all.
You may not be eligible for damages if you live in a state with contributory negligence laws. In these states, no matter how minor a party’s fault is in an incident, they no longer have the right to compensation.
Fortunately, only a few states implement such stringent laws. These include Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.
Of course, if you’re sure you’re entirely fault-free, then it’s your every right to let the jury or court know. However, this can be challenging to do by yourself. Therefore, it may be best to hire an attorney to represent you.
Lawyer up to Recover Maximum Compensation
Now you know that general damages are compensation for losses of intangible things. They can be for pain and suffering, emotional distress, and lost quality of life, to name a few. But because they are non-economic, they can be tricky to measure in terms of money.
So to help raise your odds of getting maximum damages, hire a personal injury. Your lawyer can help fight for your rights as a victim and get you the compensation you deserve.
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