Understanding General Damages: Basics You Need to Know
When you hear general damages, think of the non-economic losses you suffer because of someone else’s actions. These losses are not about direct costs like medical bills, but rather the pain and suffering, emotional distress, and loss of life enjoyment that come from personal injuries or breaches of contract.
In a nutshell:
- General damages include pain and suffering, emotional distress, and loss of companionship.
- They are different from special damages, which cover out-of-pocket costs like medical expenses.
- Very important in both personal injury and breach of contract cases.
Understanding the full extent and nature of general damages can be crucial, especially when these intangible losses deeply impact your life. Whether you’re dealing with a debilitating injury from a car accident or financial loss from a broken contract, knowing your rights helps you secure the compensation you deserve.
I’m M. Denzell Moton, Esq, an experienced attorney well-versed in handling general damages. My practice focuses on both personal injury and business litigation, ensuring that my clients understand their claims and steer the legal problems effectively.
What Are General Damages?
General damages are a type of compensation awarded in legal cases to cover non-economic losses. These are the intangible harms a person suffers due to someone else’s wrongdoing. Unlike economic damages, which are easily quantifiable (like medical bills or lost wages), general damages are more subjective and harder to calculate.
Non-Economic Damages
Non-economic damages are the core of general damages. They compensate for the personal and emotional toll that an injury or breach of contract brings. These damages don’t have a clear price tag but are just as impactful.
Pain and Suffering
One of the most common forms of general damages is pain and suffering. This covers the physical discomfort and emotional distress caused by an injury. For example, if you suffer severe injuries in a car accident, you may be entitled to compensation for the pain you endure daily.
Emotional Distress
Emotional distress is another key component. This includes the psychological impacts like anxiety, depression, and trauma that result from the incident. Imagine suffering from severe anxiety after a slip-and-fall accident; this mental anguish is compensable under general damages.
Loss of Consortium
Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries caused by the defendant. This can include the loss of companionship, affection, and sexual relations between spouses. For instance, if a wrongful death case results in the loss of a family member, the surviving spouse may claim loss of consortium.
Real-Life Example
Consider the case of a person who suffers a debilitating injury in a car accident. They experience chronic pain (pain and suffering), develop PTSD (emotional distress), and their spouse can no longer enjoy their company as before (loss of consortium). All these factors contribute to the general damages they can claim.
In summary, general damages cover the non-economic, deeply personal losses that arise from wrongful actions. While harder to quantify, they are crucial for providing fair compensation.
Next, we’ll explore examples of general damages to give you a clearer picture of what they encompass.
Examples of General Damages
Understanding general damages can be tricky because they cover intangible losses that don’t have a clear dollar amount. Let’s break down some examples to make it easier.
Physical Pain
Imagine you’re in a car accident and break your leg. The physical pain you experience is a type of general damage. This pain might be severe and long-lasting, affecting your daily life and activities.
Disfigurement
Disfigurement refers to permanent scarring or alteration of your appearance. For instance, if you suffer burns in an accident, the scars left behind are considered disfigurement. This type of damage can deeply impact your self-esteem and social interactions.
Disability
Disability means a loss of physical or mental function. Suppose a slip and fall accident leaves you paralyzed. This life-altering change is a form of general damage. It not only affects your mobility but also your ability to live independently.
Mental Anguish
Mental anguish includes emotional and psychological distress. For example, if you develop anxiety or depression after an accident, this is mental anguish. These conditions can be as debilitating as physical injuries and deserve compensation.
Diminished Quality of Life
Diminished quality of life means you can no longer enjoy activities you once loved. Imagine you enjoyed hiking but can no longer do so due to a back injury from an accident. This loss falls under general damages.
Loss of Companionship
Loss of companionship, also known as loss of consortium, is the emotional and relational impact of losing a close relationship. If a wrongful death takes your spouse away, the emotional void left behind is a significant loss. This type of damage acknowledges the emotional support and companionship you miss.
Loss of Career
Loss of career happens when an injury prevents you from continuing in your chosen profession. For instance, a surgeon who suffers a hand injury may never be able to perform surgeries again. This loss not only affects income but also personal fulfillment and identity.
These examples show that general damages cover a wide range of deeply personal and impactful losses. While they are harder to quantify, they are essential for providing fair compensation.
General Damages in Different Legal Contexts
General damages can appear in many legal contexts. Let’s explore how they apply in personal injury cases, breach of contract claims, tort law, and insurance claims.
Personal Injury
In personal injury cases, general damages cover non-economic losses. These are the intangible impacts of an injury, such as:
- Physical pain and suffering: Ongoing pain from injuries like broken bones or burns.
- Emotional distress: Anxiety, depression, or trauma from the accident.
- Loss of companionship: The impact on relationships, especially if the injury affects family dynamics.
- Diminished quality of life: When an injury limits activities you once enjoyed.
For example, if you were in a car accident and now suffer from chronic back pain that prevents you from playing sports, you could claim general damages for the loss of enjoyment in life.
Breach of Contract
In breach of contract cases, general damages are the obvious and inevitable results of not fulfilling the contract. These are easier to prove than in personal injury cases. They cover the non-economic harm caused by the breach, such as:
- Emotional distress: Stress and anxiety caused by the breach.
- Loss of reputation: If the breach damages your professional standing.
For instance, if a contractor fails to complete a renovation on time, causing you stress and embarrassment when hosting an important event, you could claim general damages for emotional distress.
Tort Law
Tort law deals with civil wrongs that cause harm or loss. In these cases, general damages compensate for non-economic losses like:
- Mental anguish: Psychological suffering from the tortious act.
- Loss of enjoyment of life: When the tort affects your ability to enjoy life.
Imagine you slip and fall due to a store’s negligence, leading to a permanent disability. You could claim general damages for the mental anguish and decreased quality of life.
Insurance Claims
Insurance claims can also involve general damages, especially in personal injury cases. Insurers may compensate for:
- Pain and suffering: Physical and emotional pain from an injury.
- Loss of enjoyment: If the injury affects your daily activities.
For example, if you’re injured in an accident and your insurance covers medical expenses but not the pain and suffering, you could claim general damages from the at-fault party’s insurance.
These scenarios show that general damages are crucial in various legal contexts. They help ensure fair compensation for intangible losses that deeply impact people’s lives.
Next, we’ll dive into how these damages are calculated.
Calculating General Damages
Calculating general damages can be tricky because these damages are not tied to specific bills or receipts. Instead, they cover intangible losses like pain and suffering, mental anguish, and loss of enjoyment of life. Here’s how these are typically calculated:
Subjective Factors
Since general damages are subjective, different factors come into play:
- Severity of Injury: More severe injuries usually result in higher general damages. For example, a person with a permanent disability will likely receive more compensation than someone with a temporary injury.
- Length of Recovery: The longer it takes to recover, the higher the potential compensation. A long recovery period often means more pain, suffering, and disruption to life.
- Disruption of Life: If an injury significantly disrupts your daily activities, hobbies, or relationships, this will be factored into the damages. For instance, if you can no longer play with your children or participate in sports you love, this loss will be considered.
Expert Witnesses
In many cases, expert witnesses play a crucial role in determining general damages. These experts can include:
- Pain Management Specialists: They can testify about the extent of your physical pain and the treatments you’ve needed.
- Psychologists: They can provide insights into your emotional and mental suffering, such as anxiety or depression caused by the injury.
- Vocational Experts: They might be called upon to discuss how your injury impacts your ability to work and earn a living.
Practical Example
Imagine you were in a car accident and suffered a severe back injury. You might have to undergo multiple surgeries, experience chronic pain, and be unable to work for a long time. Here’s how your general damages might be calculated:
- Severity of Injury: Chronic pain and multiple surgeries indicate a severe injury.
- Length of Recovery: Long-term recovery and ongoing treatments show a significant impact.
- Disruption of Life: If you can’t return to your job or enjoy activities you once did, this will also be factored in.
- Expert Witnesses: A pain management specialist and a psychologist could provide detailed reports on your suffering and mental health issues.
Subjective Nature
Because general damages are subjective, the plaintiff’s likability, the demeanor of the plaintiff’s lawyer, and the credibility of expert witnesses can all influence the outcome. A sympathetic plaintiff and credible experts can sway a judge or jury to award higher damages.
Understanding these factors can help you see why having an experienced personal injury lawyer is crucial. They know how to present your case effectively and maximize your compensation.
Next, we’ll explore the differences between general damages and special damages.
General Damages vs. Special Damages
When it comes to personal injury cases, understanding the difference between general damages and special damages is crucial. These two types of damages cover different aspects of the harm you’ve suffered.
Special Damages
Special damages are also known as economic damages. They cover financial losses that have a specific dollar amount attached. Here are some common examples:
- Medical expenses: Costs for hospital stays, surgeries, medications, physical therapy, and any other medical treatments.
- Lost wages: Income you’ve lost because you couldn’t work due to your injury.
- Property damage: Costs to repair or replace damaged property, like your car after an accident.
- Out-of-pocket expenses: Miscellaneous costs such as towing fees, rental car costs, or household assistance.
Special damages are usually easier to calculate because they are based on actual bills and receipts. For instance, if you were injured in a car accident, you can sum up your medical bills and lost wages to arrive at a specific amount.
General Damages
General damages, on the other hand, are also known as non-economic damages. These compensate for intangible losses that don’t have a direct financial cost. Examples include:
- Pain and suffering: Physical discomfort and emotional distress caused by the injury.
- Loss of companionship: The emotional impact of being unable to maintain relationships.
- Mental anguish: Psychological effects like anxiety, depression, or PTSD.
- Loss of quality of life: If your injury affects your ability to enjoy daily activities or hobbies.
- Disfigurement and disability: Permanent physical changes or impairments resulting from the injury.
Unlike special damages, general damages are more subjective and harder to quantify. For example, how do you put a price on chronic pain or the loss of enjoyment in life? This is why expert witnesses often play a crucial role in determining the amount of general damages.
Key Differences
Here’s a quick comparison to help you understand the key differences:
| Special Damages | General Damages |
|---|---|
| Have a specific dollar amount | Intangible and subjective |
| Easier to calculate | Harder to quantify |
| Based on actual financial loss | Based on emotional and physical suffering |
Knowing the difference between these two types of damages can help you better understand your claim and what compensation you might be entitled to. Next, we’ll dive deeper into how general damages are calculated.
Frequently Asked Questions about General Damages
What are general and special damages?
General damages are compensation for non-economic losses that don’t have a specific dollar amount. These include pain and suffering, emotional distress, loss of companionship, and diminished quality of life. They are intangible and subjective, making them harder to quantify.
Special damages, on the other hand, cover economic losses that have a clear, specific dollar value. These include medical expenses, lost wages, property damage, and other out-of-pocket costs. Special damages are easier to calculate because they are based on actual financial loss.
How are general damages calculated?
Calculating general damages can be tricky because they are subjective and don’t have a set dollar amount. Here are some factors that courts and insurance companies consider:
- Severity of the Injury: More severe injuries usually result in higher general damages.
- Length of Recovery: A longer recovery period can increase the amount of general damages.
- Disruption of Life: How much the injury affects your daily life, work, and relationships.
- Expert Witnesses: Sometimes, experts like doctors or psychologists testify to support the extent of your suffering.
Each case is unique, so the calculation can vary widely. Courts often use a “multiplier method,” where they multiply your special damages by a number (usually between 1.5 and 5) to estimate your general damages.
What is an example of general damages in a contract?
In a breach of contract case, general damages are the obvious and inevitable result of not fulfilling the contract’s terms. For example, if a company fails to deliver goods you paid for, the general damages might be the cost of replacing those goods. These are straightforward to prove because they are the direct consequence of the breach.
Next, we’ll dive deeper into how general damages are calculated.
Conclusion
Understanding general damages is crucial for anyone navigating a personal injury or breach of contract case. These damages cover non-economic losses like pain, suffering, and emotional distress, which may not have clear monetary values but significantly impact your life.
At Moton Legal Group, we are dedicated to helping our clients understand and recover both general and special damages. Our experienced attorneys work tirelessly to ensure you get the compensation you deserve. We leverage our deep knowledge of the legal system and our reputation with insurance companies to fight for your rights.
We believe in empowering our clients with the knowledge and legal counsel they need to make informed decisions. From gathering evidence to working with expert witnesses, we manage every aspect of your case to maximize your recovery.
If you or a loved one has been injured due to someone else’s negligence, don’t hesitate to reach out. We offer free consultations and work on a contingency fee basis, meaning you pay no legal fees unless we win your case.
Ready to get the compensation you deserve? Contact us today for a free consultation. Let Moton Legal Group put our experience to work for you. Your case is our priority.
