In a personal injury case, the plaintiff (the injured party) may be entitled to seek compensation for their injuries and damages. This compensation, known as a damages award, may include both “general” and “special” damages. Here is an overview of what these terms mean and how they may be applied in a personal injury settlement:
- General damages: General damages are damages that are not easily quantifiable and do not have a specific dollar value. These damages may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (the loss of the companionship and support of a spouse).
- Special damages: Special damages, also known as economic damages, are damages that have a specific dollar value and can be easily quantified. These damages may include medical bills, lost wages, and property damage.
In a personal injury settlement, the plaintiff’s attorney will typically seek both general and special damages to compensate the plaintiff for their injuries and damages. The value of the damages award will depend on the specific circumstances of the case, the severity of the injuries, and the impact of the injuries on the plaintiff’s life.
To determine the value of the damages award, the plaintiff’s attorney may consider a variety of factors, such as the plaintiff’s medical records, witness statements, and other evidence. The attorney may also consult with experts, such as medical professionals or economists, to help quantify the damages.
It is important to keep in mind that the value of the damages award in a personal injury case will depend on the specific circumstances of the case and the laws of the state in which the case is being heard. If you have been injured as a result of someone else’s negligence or wrongdoing, it is always a good idea to consult with a personal injury attorney to understand your rights and options for seeking compensation.