What Are Special and General Damages in Personal Injury?
Special and general damages are two categories of compensatory damages. Victims who win personal injury claims receive money to pay for these damages. You may also hear these damages called economic damages and non-economic damages, respectively.
Here’s more about these types of damages from our New Iberia personal injury lawyers at Laborde Earles Injury Lawyers.
Special Damages
Special damages, also known as economic damages, are the quantifiable financial losses that you incur as a result of your injury. These damages are intended to compensate you for the out-of-pocket expenses and financial setbacks you face due to the accident. Examples of special damages include:
- Medical Expenses: This includes all costs related to your medical treatment, such as hospital bills, doctor visits, prescription medications, medical equipment, and rehabilitation expenses.
- Future Medical Expenses: If your injuries require ongoing or future medical treatment, you may be entitled to compensation for these anticipated expenses.
- Lost Wages: If your injuries have caused you to miss work or lose income, you may be able to recover these losses as part of your special damages.
- Loss of Earning Capacity: If your injuries have permanently impacted your ability to work or have forced you to take a lower-paying job, you may be entitled to compensation for the loss of your future earning capacity.
- Property Damage: If any of your personal property, such as your vehicle, was damaged in the accident, you may be able to recover the cost of repairs or replacement.
Special damages are typically easier to calculate than general damages, as they are based on measurable financial losses. It’s important to work with an experienced personal injury attorney who can help you accurately assess and document your special damages to ensure you receive full compensation.
General Damages
General damages, also known as non-economic damages, are the intangible losses you suffer as a result of your injury. These damages are intended to compensate you for the physical, emotional, and psychological impact of the accident. Examples of general damages include:
- Pain and Suffering: This includes the physical pain and discomfort you experience due to your injuries, as well as the emotional distress and mental anguish caused by the accident.
- Emotional Distress: Accidents can often result in significant emotional trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD). You may be entitled to compensation for these emotional injuries.
- Loss of Enjoyment of Life: If your injuries have prevented you from participating in activities you once enjoyed or have significantly diminished your quality of life, you may be entitled to compensation for this loss.
- Loss of Consortium: If your injuries have negatively impacted your relationship with your spouse or family members, you may be able to recover damages for loss of consortium, which includes loss of companionship, affection, and support.
General damages are more subjective and can be challenging to quantify. Factors such as the severity of your injuries, the duration of your recovery, and the impact on your daily life will be considered when determining the value of your general damages.
An experienced personal injury attorney can help you build a strong case that demonstrates the full extent of your non-economic losses.
Proving Special and General Damages
To recover special and general damages in a personal injury case, you must provide evidence of your losses. This may include:
- Medical bills and records
- Pay stubs and tax returns
- Expert testimony from medical professionals, psychologists, or economists
- Personal testimony from you, your family members, or friends
- Journal entries or other documentation of your pain and suffering
Your personal injury attorney will work with you to gather the necessary evidence to support your claim for both special and general damages.
Are There Other Kinds of Damages in Personal Injury Claims?
Yes. A court may decide to award victims additional compensation on top of special and general damages. These are called punitive damages. Punitive damages are a punishment against the defendant for egregious behavior.
One example is punitive damages for DUI accidents. Victims may request punitive damages if a drunk driver causes an accident. They can only be awarded by a court, so your case must go to trial to receive them, and the court must agree to award them.
Contact Laborde Earles Injury Lawyers Today
If you’ve been injured due to someone else’s negligence, you may be entitled to both special and general damages. The experienced personal injury attorneys at Laborde Earles Injury Lawyers can help you understand your rights, assess the full extent of your damages, and fight for the compensation you deserve.
Contact us today for a free consultation. We work on a contingency basis, which means you won’t pay any fees unless we win your case. Let us put our knowledge, experience, and resources to work for you and help you navigate the complex world of personal injury damages.