The difference between general damages and special damages in a personal injury claim is the kind of evidence used to prove them.
Special damages have a specific dollar amount attached to them. General damages do not and must be negotiated based on the specifics of your case. If you want to know how much your damages may be worth, speak with our Los Angeles personal injury lawyers in a free consultation.
What Are General Damages?
General damages compensate you for non-economic losses that don’t have a specific dollar value. These damages address the personal impact of your injuries on your quality of life. Unlike special damages, general damages cannot be calculated using exact dollar amounts or mathematical formulas.
Most personal injury cases include compensation for pain and suffering, which falls under general damages. You may also receive compensation for emotional distress and mental anguish caused by your injuries. This category further covers loss of enjoyment of life, loss of consortium with family members, and similar damages.
Your general damages may increase based on factors like the severity and permanence of your injuries. The impact of your injuries on your daily activities and relationships is at the heart of general damages. Courts and insurance companies will consider your injuries’ short-term and long-term effects when calculating general damages.
What Are Special Damages?
Special damages, or economic damages, cover your actual financial losses from the accident. These damages are calculated based on specific expenses and losses you’ve incurred. Unlike general damages, special damages are tangible losses that can be proven with documentation.
Special damages include medical bills, lost wages, property damage, and other out-of-pocket expenses directly related to your injury. You can calculate these costs precisely using receipts, bills, and wage statements. Every expense must connect to your accident or injury to qualify as special damages.
Future expenses often make up a significant portion of special damages in serious injury cases. You may be able to claim compensation for ongoing medical care, future surgeries, or reduced earning capacity. These future costs must be supported by evidence to be included in your claim.
What Are the Differences Between Calculating General Damages and Special Damages?
The calculation method differs significantly between general and special damages. Special damages use straightforward mathematical calculations based on actual costs and projected future expenses. These calculations require careful documentation of every expense related to your injury.
General damages often use multipliers based on the severity of your injuries and their impact on your life. The multiplier method for general damages typically multiplies your special damages by a number between 1.5 and 5, depending on the severity of your case. Insurance companies and courts consider factors like the duration of recovery, permanent limitations, and the effect on your relationships.
Your Case Will Have Both Kinds of Damages
A comprehensive personal injury claim should include both general and special damages. These two types of damages form your compensatory damages. Special damages are easier to calculate but may not reflect the true cost of your injury to your life and well-being. You need to account for general damages.
Insurance companies often try to minimize general damages because they’re more subjective. They may attempt to downplay your pain and suffering or question the impact of your injuries on your daily life. Experienced legal representation helps ensure all your damages are included in your claim.
A well-documented claim makes it harder for insurance companies to dispute or minimize your damages. Your attorney will work to present compelling evidence for both general and special damages through their investigation of your case.
Additional Questions About Damages
Many clients have important questions about claiming damages after an accident. Here are some additional questions we’ve been asked about the difference between general and special damages.
How Long Do I Have to Claim These Damages?
In California, you typically have two years from the date of injury to file a claim for both general and special damages.
Are Future Damages Part of General or Special Damages?
They can belong to either class. Future special damages (like ongoing medical care) and future general damages (like continued pain and suffering) can be included in your claim.
What Evidence Do I Need to Prove These Damages?
The specifics will depend on your case and what you’ve suffered. In general, for special damages, keep all bills, receipts, and wage statements. For general damages, maintain a daily journal documenting your pain levels and how the injury affects your life.
Are Punitive Damages a Type of General Damages?
Punitive damages are different from general and special damages because they’re designed to punish particularly egregious behavior. These damages may be available in cases involving malicious conduct, fraud, or extreme recklessness.
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Now that you know the differences between general and special damages, you’ll better understand how your personal injury lawyer builds your case. At Omega Law Group, we have extensive experience helping clients secure full compensation for all damages.
Contact our lawyers today for a free consultation to discuss your case and learn how we can help protect your rights to general and special damages after your accident.
