Have you been injured in an accident and have received a settlement offer? If so, you might be wondering what are general damages and special damages when it comes to your personal injury settlement. After all, these two terms can mean the difference between getting the compensation you deserve or not. In this article, we’ll discuss everything you need to know about general and special damages so that you can make sure your legal rights are protected.
Whether you’re just starting out on your claim or are close to settling, learning the ins and outs of general and special damages will ensure that you receive fair compensation for your suffering. Keep reading to gain a better understanding of these important topics.
If you have more questions, contact the team at Injury.io.
Definition Of General And Special Damages
When discussing damages in a personal injury settlement, it’s important to understand the difference between general and special damages. General damages are non-economic losses that cannot be accounted for with a dollar amount. These can include pain and suffering or emotional distress resulting from an injury. Special damages are economic losses that have a direct financial impact on the injured party. This could include things such as medical bills or lost wages due to being unable to work while recovering from the injury.
These two types of damages can both play an integral role in how much compensation is awarded during a settlement negotiation. Understanding what each type entails will give you a better idea of how your case may unfold.
Types Of General Damages
General damages are a category of financial compensation for personal injury settlements. They refer to the non-monetary losses suffered as a result of an injury, such as pain and suffering or emotional distress. These types of damages can be difficult to calculate since they don’t have a monetary value assigned to them. However, it’s important to account for general damages, so you get full compensation for all of your losses.
There are several types of general damages that you can seek compensation for. Some of which include:
- Physical pain
- Mental anguish
- Loss of enjoyment of life
- Loss of companionship and support from family members
- Physical impairment or disfigurement caused by the injury
The severity of each type is subjective and must be determined on a case-by-case basis in order to accurately assess how much should be awarded in general damages. This type of damage often requires expert testimony for evaluation purposes since there is no specific way to measure these types of losses.
It’s important that both parties involved in the settlement process have all information regarding the individual circumstances available in order to ensure that they reach an agreement that is equitable for everyone involved.
Types Of Special Damages
Special damages are measurable monetary costs like medical bills and lost wages due to missed work arising from injuries sustained in the accident. Here are some other examples of special damages:
- Past, current, and future medical bills
- Lost earning capacity in the future
- Other medical services, such as physical therapy
- Property damages
- Domestic services
Special damages are usually easy to calculate and can be seen as tangible losses that stem directly from the incident. They are easy to calculate because you can refer to your medical bills and calculate things like lost wages with the help of a specialist. Still, it’s important to seek help from a personal injury lawyer. They will ensure that all of your special damages are accounted for in your settlement amount.
Negotiating Personal Injury Settlements
When filing a claim, it’s important to include all the general and special damages in your case. Even so, the at-fault party’s insurance company will likely give you a low settlement offer. This is because they try to pay you as little as possible for your losses. Thankfully, you can negotiate your settlement offer to get fair compensation. However, you shouldn’t do this alone.
A personal injury lawyer can negotiate with the insurance company with you. They are knowledgeable in personal injury laws and experienced with these types of cases. So, they know how to negotiate to get you maximum compensation for your damages. Without the help of an attorney, you may receive less compensation than you deserve.
Contact Injury.io Today
Understanding the difference between general and special damages in a personal injury settlement is key. Both types of damages are taken into account when calculating a settlement amount, but they can be difficult to quantify accurately. Therefore, it’s important to seek legal advice from an experienced attorney who can evaluate your situation objectively and negotiate on your behalf. With proper guidance, you can receive fair compensation for your losses, so you have the means necessary to move forward with your life.
Need help finding a personal injury lawyer? Contact Injury.io to schedule a free case review.
Emily Wilson is a writer who graduated with a bachelor’s degree in English studies from Ball State University in 2021. Since graduating, Emily has started her career in content writing, and she hopes to continue helping her audience learn and grow from her works.