What Are “General” and “Special” Damages in a Personal Injury Settlement?
In a personal injury settlement, damages are typically divided into general and special.
General damages are intended to compensate the injured person for pain and suffering, loss of enjoyment of life, and emotional distress.
On the other hand, special damages are meant to reimburse the injured person for specific financial losses, such as medical bills, lost wages, and property damage.
What are General Damages?
General damages are those awarded to an injured person to compensate them for more personal losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. Though these damages are more difficult to quantify than special damages, they can often be more impactful to the injured person’s quality of life. Because of this, general damages are often worth more than special damages in a personal injury settlement.
Types of General Damages
An injured person may be compensated for many different types of general damages in a personal injury settlement. Some of the most common types of general damages include:
- Pain and suffering: This is the physical and emotional anguish that an injured person experiences due to their injuries.
- Loss of enjoyment of life: This is the loss of ability to partake in activities that the injured person enjoyed before their injuries.
- Emotional distress: is the mental anguish and suffering that an injured person experiences due to their injuries.
- Loss of consortium: This is the loss of companionship, affection, and sex that an injured person experiences due to their injuries.
- Loss of spousal support: This is the financial support that an injured person’s spouse can no longer provide due to the injuries.
What are Special Damages?
Special damages are typically awarded to an injured person to reimburse them for more objective financial losses, such as medical bills, lost wages, and property damage.
Though these damages are typically easier to quantify than general damages, they often have a less significant impact on the injured person’s quality of life. Because of this, special damages are often worth less than general damages in a personal injury settlement.
Types of Special Damages
- An injured person may be compensated for many different types of special damages in a personal injury settlement. Some of the most common types of special damage include:-Medical bills: This is the cost of any medical treatment an injured person has received due to their injuries.
-Lost wages: This is the income an injured person has lost due to their injuries.
-Property damage: This is the cost of repairing or replacing any damaged property due to the accident.
-Funeral and burial expenses: This is the cost of a funeral and burial if an accident resulted in the death of a loved one.
How do insurance companies calculate general and special damages?
Insurance companies use various methods to calculate both general and special damages. Some of the most common methods used to calculate damages include:
- Multiplying the number of medical bills by a set amount,
- Using a formula to calculate lost wages, such as 75% of the injured person’s weekly wages
- Using a per diem method, which assigns a set amount for each day that the injured person was in pain
- Using a multiplier, which takes into account the severity of the injuries, the age of the injured person, and the number of medical bills
- Using a combination of the above methods.
What is a pain and suffering calculator?
A pain and suffering calculator is a tool that insurance companies use to help them calculate the value of general damages. There are many different pain and suffering calculators available, and the insurance company will typically choose the one they believe will give the lowest estimate of damages.
5 differences between general and special damages
- General damages are intangible, while special damages are tangible.
- General damages are more difficult to quantify, while special damages have a set monetary value.
- General damages are awarded for pain and suffering, while special damages are awarded for medical bills and lost wages.
- General damages are typically awarded in addition to special ones, while special ones are typically awarded in lieu of general ones.
- General damages are not subject to a cap, while special damages may be subject to a cap.
Conclusion
In summary, “general” and “special” damages are two types of damages that may be awarded in a personal injury settlement. “General” damages are not directly related to financial loss, such as pain and suffering. In contrast, “special” damages are damages directly related to financial loss, such as medical expenses.
If you have been injured in an accident, please get in touch (888-547-1778) with us at Oracle Law Firm for a free consultation.