Special vs. General Damages: What’s the Difference in a Personal Injury Claim?

It is estimated that over 39.5 million personal injury cases that require some degree of medical attention occur every year in the US, averaging 126.3 cases per 1,000 people. The number accentuates the need for enhanced safety measures to prevent potential hazards for people's injuries. It is expected that the personal injury market will continue to grow.

Should an accident cause you harm, you could potentially pursue a personal injury claim to secure compensation. A person might get confused upon hearing terms like special damages and general damages. These are two types of compensation you might receive. Bear in mind that they usually cover different things. 

Special damages include monetary losses such as medical expenses or lost wages, whereas general damages include intangible losses that you may have sustained. Some examples of general damages are pain and suffering and physical or psychological pain.

You will be able to identify the claims you could make once you understand the difference between special damages vs. general damages

Understanding Special Damages

Understanding special damages is important when you sustain an injury, as these losses can significantly impact your financial compensation. Your injury exposes you to specific and exact expenses. They could be medical expenses, loss of earnings, rehabilitation, or hiring someone to do household chores.

These expenses must be recorded. By presenting these records, you show a tangible financial impact that the injury has had on your life. 

Special damages are meant to pay you back for the exact expenses incurred so that you may return to normal life. You are taking a step toward securing the compensation you are entitled to by seeking this type of damage against the liable party.

Understanding General Damages

General damages refer to compensation for suffering and the like and remain critical in a personal injury case. These damages are taken seriously since they concern a person's emotional health and the ability to perform physical activities.

The injured victim may experience anxiety, depression, and a diminished sense of joy regarding their daily activities. General damages are supposed to recognize these sufferings and instill a sense for you to pursue justice.

If you want to file a personal injury lawsuit in Lansing or in your local state, it's important to describe how the injury has affected your daily life and overall well-being. Enhance the credibility of your claims by including your personal journals, therapist notes, or testimonials from people who are close to you.

Key Differences Between Special and General Damages

The actual amounts of special damages represent compensation awarded to one party for specific losses sustained, like billing for hospital care, loss of wages, or damage to property. The expenses are easily calculated, so you will probably find it straightforward to claim them. 

General damage claims usually have a subjective view and often require a deeper perception of the claimant's feelings. 

Realizing these distinctions will facilitate claim processing and allow you to receive compensation for your injuries. Remember, you are not the first one facing this situation. A lot of people have undergone the process of claiming damages before.

How to Calculate Special and General Damages

Understanding the steps involved in calculating special and general damages makes the experience less daunting. Special damages involve accumulating medical bills and receipts for all expenses incurred from the injury and summing them up. You would then take the totals and calculate any lost wages or income the injury caused the victim.

General damages would involve pain and suffering. There is no formula for calculating general damages. The severity of the damage and how it affects daily life is taken into account. You could even seek a personal injury lawyer to assist with an estimation for the damage amount. You would then feel more at ease suing and confident in receiving fair compensation.

The Role of Damages in Personal Injury Claims

Getting to know the value of injuries in a claim for personal injuries will inform you on how to seek just compensation. Damages show what you must have lost due to another's negligence. In other words, they measure your pain and financial or emotional loss. 

If you understand the theory behind special and general damages, you will do better in setting forth your claim. Special damages are for economic losses, such as medical expenses and lost earnings. General damages usually consist of pain, suffering, and loss of enjoyment of life. If you understand how damages relate to you, then you may be able to help yourself.

The assistance of a lawyer puts you in a better position to obtain what you deserve. You can expect your lawyer to help you connect with others who share the cause.