In a personal injury suit, a claimant might be awarded damages for personal injury that they have suffered. While there are various types of damages, the two main types are general damages and special damages.
These two terminologies can be confusing. In this article, we’ll share with you some of the subtle differences between special damages and general damages so you can be sufficiently informed.
Here’s What You Should Know About General Damages
General damages are losses suffered by a claimant or a plaintiff that are not directly quantifiable in financial terms—as a result of a defendant’s wrongful act. There are losses that someone can suffer for which a financial measure may not be easily attached. Examples of these losses include:
- Mental anguish
- Diminished quality of life
- Physical or emotional pain
- Loss of companionship
- Physical disfigurement.
Here’s What You Should Know About Special Damages
Special damages are losses suffered by a claimant or a plaintiff which can be accurately broken down into actual financial measures—as a result of a wrongful act of a defendant. A ready example of special damage is medical costs incurred as a result of an accident. Other examples include:
- Loss of wages
- Repair costs
- Replacement costs
- Home maintenance expenses
As you can see from the above examples, special damages involve measurable financial losses, while general damages relate to losses that are not financially measurable with any precision.
Whether you’re suing for general damages or special damages, Schultz & Myers Personal Injury Lawyers ensure that victims of negligence, recklessness, and other wrongful acts are compensated appropriately and promptly.
Other Frequently Asked Questions
What are other Legal Terminologies Used To Describe Special Damages and General Damages?
Special damages are also known as economic damages, while general damages are also known as non-economic damages.
In the Award of Damages, Does it Matter if the Defendant Did not Anticipate the Potential Loss Suffered By the Claimant?
A guilty defendant is liable to pay damages whether they anticipated the loss or not.
How Can I Ensure That Damages Due To Me Are Assessed Correctly?
The best way to ensure that you get the correct financial value of damages is by getting a competent, knowledgeable, and experienced attorney who will argue your case convincingly.
At Schultz & Myers Personal Injury Lawyers, we’re not in litigation just for the money. We put our clients’ needs first. That’s the reason we don’t ask for a dime from you unless you first win your case.