If you’ve been injured in Virginia, you may wonder what general damages vs. special damages in personal injury cases may be. Special damages reimburse you for the financial costs of an accident.
General damages refer to compensation for the ways your injuries affected your life. Both components contribute to a personal injury settlement.
If you need help determining which of these damages apply to your case and what your total settlement may be, consult our Charlottesville personal injury lawyer.
Understanding Special Damages (Economic Losses)
It might seem that totaling the cost of your accident is an easy matter, but you must consider the types of special damages that apply. You should also factor in future costs. For example, some injuries require longer-term treatment and rehabilitative therapies.
Apart from damages to property like motor vehicles, special damages include additional elements: medical costs and loss of wages or earnings due to your injuries. These are measurable costs that you can prove by providing relevant documentation.
Medical Costs
Carefully document all medical costs related to your accident-related injuries. These might include costs like:
- Emergency treatment
- Hospital stays
- Surgeries
- Doctors’ consultations
- Medications
- Assistive devices
- Rehabilitative therapies such as physiotherapy
Your current costs may not represent all your medical expenses. A lawyer may consult medical experts to help them estimate your future medical costs. If you will need long-term or permanent care, a life care planner can assess your needs and calculate future costs using accepted methodologies.
Lost Wages or Earnings
Your injuries may mean that you can’t work for a time or earn less than you otherwise would have. It’s a financial loss that forms part of the special damages portion of your settlement.
Pay stubs and bank statements can help you to show how your injuries affect your earnings. Components include:
- Lost wages while you are unable to work
- Overtime pay, bonuses, or commissions you would otherwise have earned
- Sick leave or reduced earnings while you could not work at your usual capacity
In many cases, the calculation compares what you would have earned with what you actually earned. Some injuries require lengthy recovery times, so you should also consider future losses. Expert witnesses can help you with an evidence-based estimate.
Loss of Future Earning Capacity
Certain injuries can have permanent or long-term effects on your ability to pursue your career. When calculating this form of special damages, legal professionals may consider:
- Your employment history
- Your age and career trajectory
- Evidence from recognized experts
This element of your damages takes your lifetime earning potential into account and factors it into any settlement you may receive. For people facing disability or impairment, this is one of the most important types of money damages in personal injury cases.
Other Financial Costs That May Form Part of a Personal Injury Claim
Depending on your injuries, their consequences, and your personal circumstances, other costs may impact your financial well-being. They range from small incidentals to high-cost essentials like:
- Childcare costs and household help
- Travel for medical consultations
- The cost of at-home care and assistance
- Home adaptations if you are disabled
In short, a lawyer can help you work through all the current and future costs your injury implies, helping you to assemble evidence to support a claim for compensation.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
General Damages (Non-Economic Losses)
While calculating special damages can be complex, assigning a value to things that matter to you but that aren’t usually measured in monetary terms can be even more challenging.
It requires a knowledge of comparable cases, and could be part of what you need to know if you’ve been injured. A lawyer may assist you in this regard.
When considering general damages vs. special damages in personal injury cases, the former is more complex because it is subjective. You can put a price on medical treatment, but it’s much harder to “prove” personal costs like emotional distress. General damages may include elements like:
Pain and Suffering
It may seem redundant to state that an injury is painful or that you experience emotional distress that adds to your suffering. Nevertheless, these damages can be assessed and supported with evidence. They may include compensation for:
- Physical pain
- Emotional trauma and distress
- PTSD, anxiety, and depression
People who have been involved in horrific accidents may find themselves living with these effects for years, or even throughout their lives. One should not underestimate the personal cost this exacts and, arguably, financial compensation can’t really make up for this type of harm.
Loss of Enjoyment of Life
An injury can mean that you can no longer enjoy the things you used to. For example, a runner may no longer be able to run, or a musician may not be able to play their instrument. Your loss of quality of life due to another person’s negligence should not go uncompensated.
Disfigurement
Your compensation should factor in the psychological burden of visible disfigurement following a traumatic injury. Scars or loss of a limb can affect your confidence and others’ attitudes towards you, impacting your well-being.
Disfigurement can affect your social life, your career advancement, and how you feel about yourself. This lasting damage isn’t reflected in invoices and financial estimates, but may have a profound effect on your life.
Primary Differences Between General Damages vs. Special Damages In Personal Injury Cases
Summing this all up, we can contrast general damages and special damages based on specific criteria. These are:
- Nature of loss: financial vs. human impact.
- Quantifiability: financial damages can be measured and projected. Non-financial damages are not precisely measurable.
- Evidence required: Special damages are easily documented. General damages are based on qualitative evidence.
- Value calculation: Special damages are based on quantifiable past and future losses. General damages are valued using comparable cases, legal principles, and judicial or jury assessment.
- Level of objectivity: Special damages are objective. General damages are subjective.
- Timing and progression: Special damages are often immediately identifiable. General damages are often progressive, developing over time, and may not be immediately apparent.
- Openness to challenge: While special damages may be open to some degree of challenge, defendants may find general damages easier to dispute based on their subjective nature.
One thing general damages and special damages in personal injury cases have in common is the need for evidence. From medical reports and expert opinions to personal testimony, your case should build a complete picture showing how your injury has affected your life.
Getting Help to Analyze Your Damages After Being Injured in an Accident
A lawyer may be able to take a more holistic view, drawing on their professional experience and legal knowledge to present an evidence-based claim that takes all your damages into account. At MartinWren, P.C., we understand your position, and we may be able to help.
Although one may contrast general damages vs. special damages in personal injury cases, both constitute important components of an insurance claim or lawsuit.
Among the more complex areas to consider are general damages. An experienced professional may help you present and argue a case that factors in all damages you may be eligible for more effectively than most people could.
Call (434) 817-3100 or complete a Case Evaluation form