General Damages vs Special Damages: What’s the Difference?

When you suffer an injury due to someone else’s carelessness, you may be eligible for compensation. This compensation, known as damages, is usually divided into two main categories: general damages and special damages. Understanding the difference between these two can help you better understand what you may be entitled to in a personal injury case. In this article, we will explore what each type of damage covers and how they differ.

What Are Special Damages?

Special damages, also referred to as economic damages, cover the actual financial losses that result from an injury. These are tangible and can be easily calculated with receipts, bills, and other documents. Essentially, special damages are all the costs that have a clear price tag attached.

For example, if you were injured in a car accident, special damages would include things like:

• Medical Expenses: This includes the cost of hospital visits, surgeries, therapy, and any other treatment related to the injury.
• Lost Wages: If your injury keeps you from working, you can claim compensation for the wages you’ve lost.
• Property Damage: If your vehicle or personal belongings were damaged in an accident, you can claim the cost to repair or replace them.
• Future Costs: If you will need future medical treatment or long-term care, you can also claim damages for these expected expenses.

Special damages can be calculated with relative ease because they are based on actual financial figures. For instance, if you have $10,000 in medical bills and $5,000 in lost wages, your special damages would be $15,000.

What Are General Damages?

General damages, also known as non-economic damages, are more subjective and harder to calculate. These damages cover the pain and suffering that you experience as a result of the injury. Unlike special damages, there is no bill or receipt that proves the value of these damages. Instead, they are awarded for the emotional, physical, and psychological impact of the injury.

Some examples of general damages include:

• Physical Pain: If your injury causes you chronic pain, this can be compensated under general damages.
• Emotional Distress: The mental suffering or anguish you experience due to the injury or trauma.
• Loss of Quality of Life: If the injury significantly affects your daily life, such as preventing you from participating in hobbies or social activities, this may be covered by general damages.
• Disfigurement: If the injury leaves permanent scarring or causes a visible disability, you may be entitled to compensation.
• Loss of Consortium: This refers to the loss of companionship or support, especially if the injury impacts relationships.

General damages are often more difficult to prove because they rely heavily on personal testimony and expert opinions. For example, a therapist or counselor might testify to your emotional distress, or a doctor might explain the long-term impact of physical pain.

How Are These Damages Calculated?

Special damages are much easier to calculate because they are based on clear, tangible losses. For instance, medical bills, lost wages, and property damage are straightforward to calculate by adding up receipts, invoices, and pay stubs.

On the other hand, general damages are harder to quantify. Since these damages relate to things like pain and emotional suffering, there are no clear numbers attached to them. In many cases, the court or insurance companies will rely on expert testimony to help determine a fair amount of compensation. The amount awarded for general damages often depends on the severity of the injury and its impact on the individual’s life.

What About Punitive Damages?

In some cases, a third category of damages may apply: punitive damages. These are not meant to compensate the victim, but to punish the defendant for particularly egregious behavior. For example, if the defendant acted recklessly or maliciously, the court might award punitive damages in addition to special and general damages.

Punitive damages are not as common as special or general damages and are usually only awarded in extreme cases.

Final Thoughts

When you are dealing with the aftermath of an accident, it’s important to understand what kind of compensation you may be entitled to. Special damages are designed to cover your tangible financial losses, while general damages compensate for the more intangible effects of your injury, such as pain and suffering.

If you’ve been injured and need help determining what damages you can claim, the experienced personal injury attorneys at D2 Law are here to assist you. Contact us today at 800-790-5641 for a free consultation. Let us help you get the compensation you deserve.