Navigating the legal process can feel overwhelming if you’ve been injured due to someone else’s negligence or wrongdoing. One of the critical aspects of any personal injury case is understanding the types of damages you can recover. Specifically, you need to know the differences between general damages vs special damages—two fundamental categories of compensation in a personal injury claim.
Whether you're dealing with medical costs, emotional suffering, or property damage, understanding how these damages are calculated may affect the success of your case. If you're in Dallas, Texas, and searching for clarity, this guide is for you. The Law Firm of Aaron A. Herbert will break it all down step-by-step.
How Many Types of Damages Exist?
The legal system divides damage awards into several categories based on the type of personal injury case you are involved in. There are three broad categories of damages: general, special, consequential, and punitive. They are all helpful in different ways to compensate the injured person.
Punitive damages are designed to punish the offending party for particularly malicious behavior. These are not commonly awarded and are reserved for cases where the defendant's actions were reckless or intentional.
General damages are for non-economic losses like pain and suffering or emotional distress, which can be harder to quantify but are no less significant. Meanwhile, special or consequential damages are for measurable, personal expenses directly tied to the injury. These could be medical bills, lost wages, property damage, or any other financial loss you incurred due to the incident.
What Are General Damages?
General damages are directly related to the injury you have incurred and are not in the form of money but are tangible. They are given to cover the harm of any reasonable person, as the case may be, in the form of stress, pain, and suffering. For example:
- Pain and suffering from the injury
- Loss of companionship in cases of death caused by negligence
- Loss of enjoyment of life, for example, you cannot do things you used to do or even hobbies you used to do.
One challenge with general damages is that they don’t have a fixed dollar amount. Courts often assign a value based on precedents, medical documentation, and expert testimony.
What Are Special Damages?
General damages are considered unique only when they translate into tangible monetary losses under consequential damages. Since they are easier to quantify, they are backed by actual documents like invoices and receipts, which prove the costs incurred.
Special damages may include:
- Medical Expenses (past, current, and future)
- Lost Wages due to missed work
- Property Damage, such as vehicle repairs
- Personal costs, like transportation to medical appointments
Special damages are often the most comprehensive component of a personal injury settlement since they seek to reimburse every financial loss the plaintiff has incurred.
Types of Personal Injury Cases That Recover Damages
The type of personal injury action will significantly differ, yet general and special damages are a concept that is central to most cases, and understanding them is essential. Certain types of damages are crucial in getting a proper and reasonable award for the loss of the plaintiff in certain situations, such as:
Car Accidents
Resulting in physical injuries and financial challenges. Victims can typically seek compensation for general damages, such as pain and suffering, as well as special damages that cover tangible costs like vehicle repairs, medical bills, and lost wages.
Slip and Fall Accidents
Slip and fall accidents can lead to severe injuries that may need medical treatment. This is why those affected may be allowed to claim for the physical discomfort and the expense of treatment and rehabilitation.
Medical Malpractice
This is where a healthcare provider's negligence harms the patient. The victims can claim general damages from pain and suffering and may also get compensation for other medical expenses, lost wages, and future care needs.
Wrongful Death
Family members face both emotional and financial losses in wrongful death situations. The compensation in these situations may include funeral costs, lost economic support, and the emotional feeling of losing a loved one to provide for the families.
Product Liability Cases
These cases come about due to defective products and the harm they have caused. Victims may claim damages for the personal injuries received and the costs of medical care, rehabilitation, or damage to property to the unsafe product.
Get the Guidance You Need for Your Dallas Personal Injury Case
It’s important to know the differences between general damages vs special damages when making a personal injury claim, as this will help build your case and get the right amount of compensation.
If you live in Dallas, Texas, and need assistance with a personal injury matter, contact The Law Firm of Aaron A. Herbert, P.C., at 214.200.4878 today to set up an appointment and begin your recovery from your injury.