If you’ve had an accident, you might expect the at-fault party to simply cut you a check for your damages. However, it’s a bit more complicated than that. Depending on your case, your settlement might include general damages, special damages, or a mix of both. You may also be able to seek punitive damages.
Below, Mobile’s experienced personal injury lawyer explains special vs. general damages in personal injury cases.
Special Damages
Despite their name, special damages are not really “special.” They are so named because your lawyer must prove them with specificity.
Special damages are out-of-pocket expenses determined by your financial losses. They’re intended to fully compensate you for losses caused by the at-fault party’s actions.
Special damages are different for every personal injury case. Here are a few types of special damages that your settlement might cover.
Medical Bills
Many personal injury settlements include damages for medical expenses. Depending on the type of accident you’ve had, those expenses could be astronomical. Hospitalization after a car accident, for instance, can easily total well over $1 million if you require surgery and an extended stay.
Your settlement might include compensation for:
- Emergency care
- Surgery
- Doctor’s appointments
- Medication
- Medical equipment
Additionally, your settlement might pay for anticipated future medical expenses, such as ongoing care for a permanent disability.
Lost Wages
If your accident left you so injured that you can’t work, your settlement will probably include compensation for lost wages. Your settlement may also cover loss of earning potential if you’re permanently unable to work or must take a lower-paying role.
Property Damage
Property damage doesn’t apply to every personal injury case. It’s a given for car accidents, but other types, such as slip-and-fall accidents, may not involve any property damages.
If your property was damaged in an accident, your settlement should cover the cost to repair it or replace it with an item of equal value.
Cost of Hiring Someone To Help at Home
If you’ve had to hire someone to care for your children or handle chores at home, you may be able to recover damages for those expenses.
General Damages
General damages are also commonly referred to as non-economic damages.
In some cases, your lawyer might use the per diem method instead of a multiplier to calculate your general damages. With this method, your lawyer will calculate damages from the date of your accident to the time you reach maximum medical improvement (MMI) or throughout your life if your injury is permanent.
Let’s go over a few types of general damages below.
Pain and Suffering
Pain and suffering refers to the physical pain caused by your injuries. The longer your doctors expect the pain to last, the more compensation you may seek.
Emotional Distress
Emotional distress includes:
- Anxiety
- Depression
- Humiliation and embarrassment
- Post-traumatic stress disorder (PTSD)
- Personality changes
- Mood swings
Emotional distress can sound a bit vague, so here are some examples:
- Marco has become terrified of cars after his accident. His anxiety is so bad that he cannot drive anymore.
- Sasha is severely depressed after an accident left her disabled. Her depression prevents her from caring for her children, working, and doing the things she once loved.
- Alex’s accident has left him jumpy and fearful. Whenever he hears a loud noise, he’s overwhelmed by flashbacks that force him to experience the accident all over again.
Loss of Consortium
Loss of consortium focuses on physical changes that have negatively affected a relationship. For instance, if your spouse can no longer provide you with physical affection after an accident, you could sue for loss of consortium.
Lowered Quality of Life
You can seek compensation for lowered quality of life if an accident left you unable to do the things you were once able to. You could recover damages in situations like these:
- Your accident put you in a wheelchair, making it very difficult for you to move around your home.
- You’ve become partially paralyzed and can no longer play your favorite sport.
- You’re in so much pain that you struggle to climb out of bed every morning.
Disfigurement and Scarring
If your accident caused disfigurement or scarring on any part of your body, you can sue for those damages.
Punitive Damages
Now that we’ve discussed special vs. general damages, let’s talk about punitive damages. These damages aren’t intended to compensate you for any losses. Rather, they’re meant as a punishment for the defendant.
Here are a few cases where a judge would probably award punitive damages:
- Nick is furious because Katie cut him off on the freeway. In retaliation, he rams her car, sending it flying into the path of a semi-truck.
- Rebecca sees someone she doesn’t like at work. She trips the person, causing her to fall down the stairs and break her neck.
Learn More About Potential Damages for Your Case
Damages are unique to each case. If you need help proving pain and suffering or want to learn about damages you can recover for your accident, reach out to Jackson & Foster Law. We can help you seek compensation for car accidents, slip-and-fall accidents, medical malpractice, and more.
For a free consultation regarding special vs. general damages, call (251) 433-6699.
