When a person is injured as a result of another individual’s negligence, recklessness, or intentional behavior, they are entitled to monetary compensation. This compensation, usually paid in the form of a personal injury lawsuit or insurance claim, is referred to as “damages.” These damages are typically categorized into two broad types: general damages and special damages.
Knowing the distinction between these two categories of damages is vital to injury victims, as each has a key role in calculating the overall worth of a claim. If you’ve been hurt in an accident, knowing what constitutes general or special damages—and how they’re determined—can assist you in making sure you’re being properly compensated.
This article discusses both in detail, gives examples, and discusses how courts and insurance companies treat them in personal injury cases.
What Are Damages in a Legal Context?
In legal terms, damages refer to monetary compensation awarded to a person who has suffered harm due to another’s wrongdoing. The goal is to make the injured party “whole” again—to the extent that money can do so. This compensation can cover a wide variety of losses, including physical, financial, and emotional harm.
Damages are typically categorized as:
- Compensatory Damages: These include general and special damages, intended to compensate for actual losses.
- Punitive Damages: Awarded in rare cases to punish the defendant for extreme misconduct and deter similar behavior.
For the purposes of this article, we’ll focus on compensatory damages, specifically the distinction between general and special damages.
What Are General Damages?
General damages, sometimes referred to as non-economic damages, are intended to compensate a victim for intangible, subjective losses that do not come with a specific monetary value. These are the losses that impact a person’s quality of life or emotional well-being after an injury.
Common Examples of General Damages:
- Pain and suffering: Physical discomfort endured from the injury and during recovery.
- Emotional distress: Anxiety, depression, trauma, or psychological impact resulting from the incident.
- Loss of enjoyment of life: Inability to enjoy activities, hobbies, or lifestyle prior to the injury.
- Loss of companionship or consortium: When the injury affects relationships with a spouse or loved ones.
- Permanent disfigurement or scarring: Physical alterations that affect self-esteem or personal relationships.
- Loss of reputation: In defamation or libel cases, this can be considered a general damage.
Characteristics of General Damages:
- Subjective in nature: These losses are not easily quantifiable and vary widely from case to case.
- Requires testimony: Medical records, personal journals, expert opinions, and witness testimony are often used to support claims for general damages.
- Often disputed: Insurance companies and defense attorneys may challenge general damages due to their subjective nature.
What Are Special Damages?
Special damages, also known as economic damages, are the quantifiable monetary losses a victim incurs as a direct result of an injury. These are usually well-documented and can be supported by receipts, bills, pay stubs, and other financial records.
Common Examples of Special Damages:
- Medical expenses: Hospital stays, surgery, rehabilitation, medication, physical therapy, and future medical costs.
- Lost income: Wages lost during recovery, including time off for appointments and treatment.
- Loss of earning capacity: Reduced ability to earn income in the future due to permanent injury or disability.
- Property damage: Costs to repair or replace vehicles, personal items, or other damaged property.
- Transportation costs: Travel to and from medical appointments or hiring assistance for daily tasks.
- Out-of-pocket expenses: Any additional reasonable costs that are directly related to the injury.
Characteristics of Special Damages:
- Objective and measurable: These damages can be calculated based on concrete evidence.
- Easier to prove: Documentation like invoices and pay stubs clearly demonstrate the loss.
- Can be calculated precisely: Special damages are often totaled to determine the baseline value of a claim.
Key Differences Between General and Special Damages
Feature | General Damages | Special Damages |
Type of Loss | Non-economic, intangible | Economic, tangible |
Measurability | Subjective, not easily quantified | Objective, can be documented |
Examples | Pain and suffering, emotional distress | Medical bills, lost wages, property damage |
Proof Required | Testimony, expert opinions | Bills, receipts, records |
Legal Challenge Potential | More likely to be disputed | Less likely to be challenged |
How Are These Damages Calculated?
Calculating damages in a personal injury case involves different methods depending on the type of loss. While special damages are based on actual financial losses, general damages require more subjective evaluations. In this section, you’ll learn how courts and attorneys determine fair compensation for both types of damages.
Calculating Special Damages:
This is usually straightforward. An attorney or insurance adjuster adds up all documented financial losses such as:
- $10,000 for hospital bills
- $4,000 in lost wages
- $1,200 in physical therapy
- $600 for prescription medications
Total Special Damages: $15,800
Calculating General Damages:mages:
General damages are more subjective and vary based on jurisdiction, the severity of injuries, and how the injury affects daily life. Some common methods include:
- Multiplier Method: The total special damages are multiplied by a factor (typically 1.5 to 5) based on the severity of the injury.
Example: If your special damages total $15,000 and your injury is considered moderate, the multiplier might be 3.
$15,000 x 3 = $45,000 in general damages
- Per Diem Method: A daily monetary amount is assigned to your pain and suffering, multiplied by the number of days it takes you to recover.
Example: $150 per day for 180 days = $27,000 in general damages
Why It’s Important to Understand the Difference
Understanding the difference between general and special damages helps you:
- Value your case accurately
- Avoid undervaluing claims (especially general damages which are less obvious)
- Provide complete documentation for all losses
- Negotiate effectively with insurance adjusters
- Identify potential future losses that may not yet be fully experienced
This distinction is also crucial for attorneys and courts when drafting pleadings, settling claims, or awarding jury verdicts.
How Attorneys Help Maximize Both Types of Damages
A skilled personal injury lawyer plays a vital role in securing full compensation. For special damages, they gather all relevant financial documents and consult with experts (like economists) to project future costs. For general damages, they work to humanize the claim—demonstrating how the injury has impacted your life beyond just the bills.
Attorneys may also:
- Retain medical experts to confirm the severity of pain or emotional trauma
- Interview friends or family to attest to changes in personality or daily functioning
- Use visual aids, charts, or journal entries to demonstrate the human impact of the injury
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
