General vs Special Damages: What’s the Difference?
When an individual is injured due to another person’s recklessness, they are entitled to file a personal injury claim with the at-fault party’s insurance for damages. In this circumstance, “damages” is referring to the monetary compensation awarded to the plaintiff for their losses. Damages can be broken down into two categories, including general and special.
Also known as economic and non-economic damages, the two categories cover the wide array of losses associated with personal injury accidents. General damages are provided for emotional pain and suffering, while special damages are for tangible losses such as medical bills and wage loss. To help ensure you are recovering compensation that covers your losses, speak with a knowledgeable and compassionate attorney as soon as possible after your accident. They will take over all management of your claim and handle all negotiations with the insurance company while you focus on resting and recovering from your injuries.
Understanding General Damages
Also known as non-economic damages, general damages are awarded after an accident to help cover the non-tangible losses. This includes the emotional losses often associated with an accident. Navigating injuries due to the intentional recklessness of another person or third party can be a lot to handle emotionally, and general damages are there to assist with that. Common examples of losses associated with general damages include the following:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement or scarring
- Permanent mental or physical impairment
It can feel weird putting a price point on your psychological losses. With the help of an experienced attorney, you can calculate a number that is appropriate for your specific situation and circumstances. The amount of damages will ultimately depend on your state’s damage cap—if any—and the final settlement amount agreed upon by your lawyer and the insurance company.
Understanding Special Damages
For tangible losses, special damages may be awarded. These are easily calculated damages based on an already determined monetary amount, such as hospital bills, prescription medication costs, rehabilitative therapy, property damage, or any lost wages due to the inability to work. Your attorney will help ensure you are awarded an amount that adequately covers the full cost of your injuries, including any future expenses directly related to your accident, injuries, and recovery process.
It’s important to remember that the insurance company is not your friend, and when they produce a settlement offer immediately after your accident, it will unlikely be enough to help with your losses. Your attorney understands that sometimes financial compensation is the only viable route for a clean start and will use every resource available to negotiate a high and worthy settlement. If the insurance company is unwilling to reach an appropriate number, we are willing and ready to take your case to court.
Injured in an Accident? Consult a Dedicated Attorney Today
If you have been in an accident directly caused by the negligence of another person, there’s no reason you should have to pay the price. When you partner with a dedicated attorney from NK Law Group, you are partnering with an attorney who possesses the knowledge and experience necessary to get you the results you are looking for. Our people-first and grounded approach to the world of personal injury means you will have an attorney by your side through every step of the process, from the initial consultation to the final settlement agreement.
To begin the process today with a free case evaluation and guidance on your best legal options, please call our office at (510) 519-9497 or use our contact form.
EXPERTLY REVIEWED BY
Naseer Khan, Esq.
September 28 2023
Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.