General Damages vs. Special Damages in a Personal Injury Case
When personal injury claims don’t result in a fair settlement, the next step to take is filing a personal injury case with the courts. In this pursuit, you will be seeking damages for the injuries and other financial losses you have incurred at the hands of a negligent person who caused you this harm.
Your personal injury lawyer may mention compensatory damages, economic damages, general damages, and special damages, and you might begin to think this has something to do with damaged property. While damages can include property damage, they’re a broader legal term that refers to the monetary compensation you’re awarded by the defendant for the losses they have caused you to sustain.
Understanding personal injury law can be incredibly confusing, especially in the aftermath of suffering painful injuries and emotional anguish. Hedge Copeland, P.C., a reputable law office dedicated to personal injury cases, is committed to helping victims understand their rights and maximize compensation.
Learn more about Hedge Copeland, P.C, as well as explore the various personal injury compensation types including general damages in personal injury, special damages examples, and the steps to take to have the best chance of receiving fair compensation.
Understanding Damages in Personal Injury Law
Damages, in terms of tort law, are the monetary awards owed to a plaintiff in a settlement or winning verdict of a personal injury case. They serve as a remedy that attempts to make an injured victim’s life as whole again as possible after an accident that was caused by the negligent actions of the defendant.
These accidents can be car accidents, motorcycle accidents, slip and fall accidents, or even nursing home abuse or neglect, and occur in a variety of ways. The value of what a plaintiff receives in damages will vary based on multiple factors that include the type and severity of the injuries, the impact the injuries have on the victim, and whether they cause permanent disability.
Damages are broken down into categories that include general damages and special damages. Read on to learn more about general damages vs special damages.
Differences Between General Damages and Special Damages
Even though you likely have a personal injury attorney helping you navigate the legal process, it helps to understand general damages vs special damages. If you haven’t hired a lawyer yet, it’s strongly advised to help you recover all of the damages you’re owed.
Special Damages
Special damages, also known as economic damages or compensatory damages, refer to the out-of-pocket expenses or economic losses you have incurred as a result of an accident caused by someone else’s negligence. To get the full value of your economic losses, you must clearly define all economic damages and provide evidence of them in your case.
Types of special damages include:
Medical Expenses
Your medical expenses as part of special damages would include your medical bills for your medical treatments as well as all future medical expenses related to your future medical care. Your physical injury may require rehabilitation costs, physical therapy, follow-up medical appointments, and emergency room visits, among many other medical costs.
Lost Wages
Lost wages are another part of your compensatory damages that you can seek for your car accident or other personal injury case. This lost income may be for a short period while you recover from your injuries or the income lost by being rendered permanently unable to work. Your future lost wages and loss of earning capacity can also be sought in special damages.
Property Damage
In an auto accident, property damage is a common factor of compensatory damages. You may have a totaled car that needs to be replaced or require repair costs. It will also include damage to any personal property, such as your laptop and devices that may have been in the car at the time of the crash.
Special damages most commonly include medical bills and future medical expenses, though they can also include other financial losses caused by the defendant’s negligence. Transportation costs you incur getting to your medical appointments and any costs related to this incident that are actual expenses that can be calculated down to the dollar amount and proven with tangible bills and receipts are all special damages you may be entitled to receive.
General Damages
Now let’s look at general damages vs special damages to see the differences. General damages or non-economic damages, are the non-economic losses you’ve experienced from this traumatic event. They’re often called intangible losses because they don’t have bills or receipts to show their value.
If you can’t prove the financial amount of loss for general damages, how can you seek them? Your personal injury attorney will know how to calculate general damages.
Types of general damages include:
Pain and Suffering
The legal term for the physical pain and emotional harm that a victim suffers in an accident is known as pain and suffering. Typically, the physical pain endured is chronic pain, leading to emotional impacts that take their toll as well.
Loss of Enjoyment of Life
Loss of enjoyment of life refers to the impacts on the injured party that prevent them from doing things they once loved. This could include their hobbies, playing sports or an instrument, traveling, or socializing.
Emotional Distress
Emotional distress or emotional trauma is a form of mental anguish brought on by the pain and suffering of the injuries. The injured party may experience depression, anxiety, fear, or post-traumatic stress disorder (PTSD) as a result of the accident.
Physical Impairment
The harm suffered in this incident may also cause a disability that not only impacts the ability to enjoy life but also adds costs through medical bills to handle this loss of function. Spinal cord injuries, traumatic brain injuries, and amputations are just a few examples of the types of injuries that may require you to seek general damages for an impairment.
Unlike special damages, general damages are trickier to prove. It’s vital to choose an experienced personal injury lawyer who can help show how these general damages have impacted your life and seek appropriate compensation for the harm caused.
Understanding When Punitive Damages Are Awarded in a Personal Injury Case
Now that you know the differences between special damages and general damages, there’s one category of damages that doesn’t always apply, known as punitive damages. Unlike compensatory damages, punitive damages are intended to punish a defendant for their acts of gross negligence or maliciousness.
Punitive damages are rare, though they also serve as a deterrent to discourage others from behaving similarly. When the defendant’s actions are beyond reprehensible, such as in drunk driving accidents, especially when they cause wrongful death, or severe neglect in a nursing home, punitive damages will likely be imposed.
Steps to Take After an Injury to Ensure Proper Documentation for Personal Injury Claims
The way you handle things after an injury occurred in an accident caused by someone else can also affect the award for your special damages or general damages. Additionally, Alabama’s contributory negligence rule could work against you in causing you to be blamed. Take these steps to help protect your legal rights when seeking justice after someone else’s negligence has caused you harm:
Report the Accident
In an auto wreck, you will report the accident to the police. If you slipped and fell at the store, you’d file a report with the owner or manager. No matter the scenario, make sure you file a report of the accident and get a copy for your own records. This will provide proof that your accident and injury occurred on the same date.
Seek Prompt Medical Care
When you’re in an accident someone else caused, you may not realize you’re hurt right away. Some victims will have obvious signs while others will not, and the important thing is to get checked out by doctors. Hidden injuries such as internal bleeding can become a life-threatening situation. Getting treatment establishes medical records that can help show the need for compensation of special damages as well as general damages like pain and suffering.
Insurers will also look at how quickly you sought medical care and may even use it against you. It may seem like a hassle, however, if you were in a major crash or may have hit your head in a fall, it’s best to put your health first and seek treatment.
Gather Evidence
You’ll want to take photos and videos of the accident scene or the hazard that caused you to suffer an injury. Talk to witnesses and get their contact information as well, which can help determine liability. The other documents you get such as accident reports and records of your medical care will also serve as evidence in your case.
Talk to a Personal Injury Lawyer
Alabama’s laws are some of the most difficult to navigate where personal injury accidents are concerned. You will have a much more difficult time trying to claim special damages including future expenses or general damages such as the pain you’ve suffered throughout this ordeal if you don’t have legal representation.
The Importance of Working with an Experienced Personal Injury Attorney When Pursuing Personal Injury Damages
Your case may not command punitive damages to punish the defendant, though if your injury leads to your long-lasting suffering, you should fight for justice. With an attorney by your side, they will work to recover all damages you are entitled to.
An attorney can help you from the start of your personal injury claim in numerous ways:
Investigating the Accident
Careful consideration must be given to the factors of your case to determine negligence and liability. You may be partly blamed, which would destroy your chances to recover your losses. Your attorney will investigate and gather evidence on your behalf. This is especially important if you woke up in the hospital after the accident and couldn’t get evidence from the scene.
Lawyers have greater resources they can tap into to hire expert witnesses such as accident reconstructionists who can show how the accident occurred or medical experts who can testify about your diagnosis and prognosis. They can also obtain footage from traffic cameras and surveillance cameras from nearby businesses to help your case.
Negotiating for the Full Amount of Your Damages
Insurance companies work to minimize the payout of claims to protect their profits. To do so they will either offer you too low of a settlement or deny the claim. You may have endured such harm that you have experienced a loss of earning capacity and are forced to take a lower paying job. You may have sunk into debt to cover the added expenses you were stuck with, and an attorney is instrumental in helping you seek the full and fair amount of these losses.
Representing You at Trial
It’s not always the case, though you may need to head to court to resolve your case through a verdict before a judge or jury. Your lawyer will stand up and be your advocate throughout this process and present compelling evidence to help you get the full worth of your claim.
Legal Support and Guidance
The importance of obtaining legal counsel for personal injury matters cannot be overstated. Most plaintiffs don’t realize the full amount they should receive for both general and special damages. If you’re in this situation, you need an ally in seeking compensation for your injuries, one that will lead the way through the confusing legal process.
Make sure you arm yourself with an advocate who’s ready to fight for you and navigate under the law to help you see better days ahead. Hedge Copeland personal injury services provide the guidance that you need in your time of need. Contact Hedge Copeland, P.C. for legal support and to schedule a free consultation.
