When the court rules that a defendant has violated someone’s rights or breached an obligation towards another party, the law permits the victim to recover monetary compensation known as “damages.” A judge may award three main types of damages in a personal injury case: special, general, and punitive.
In a nutshell, general and special damages are considered compensatory damages and aim to recoup victims for their losses. Sometimes, these damages are referred to as “non-economic” and “economic.” On the other hand, punitive damages are awarded in cases where recklessness results in injury.
Below is a more in-depth look at these three types of damages in personal injury cases and how they are calculated.
General Damages
General damages compensate a victim for non-economic losses, such as pain and suffering. These losses can be difficult to calculate because there is no true tangible economic value you can place on emotional distress. However, insurance companies and lawyers use formulas to calculate the appropriate compensation for non-financial injury. The jury will often award greater general damages to plaintiffs who’ve undergone severe trauma.
For example, if you were involved in a car accident that resulted in life-threatening injuries, multiple surgeries, and several months of physical therapy, the court might award general damages to compensate you for pain and suffering. You would be less likely to receive general damages if the accident only resulted in minor damage to your vehicle.
Other situations that may warrant general damages include loss of reputation, disfigurement, or loss of consortium (referring to a negative impact on your relationships).
Special Damages
Special damages are awarded to compensate economic losses that can be directly measured, such as lost earnings, property damage, or medical expenses. Just like general damages, special damages compensate a plaintiff for losses caused by the defendant’s negligent or reckless actions.
In order to calculate special damages in a personal injury case, the court may review your medical bills, documented damage to your property, and income lost while you were away from work. The goal of special damages is to restore your financial position to where it was before the injury. In other words, special damages exist to make plaintiffs economically whole.
Punitive Damages
Sometimes, the recklessness or negligence of the defendant is so dire that the court may apply a third type of damages, known as punitive damages. Punitive damages are meant to punish the defendant for reckless behavior or negligence that caused harm to the plaintiff. These damages differ from general and specific damages, as they are not calculated based on the victim’s suffering or economic losses. Rather than reimbursing the plaintiff, punitive damages act as a deterrent and warning to the defendant, as well as to the general public. In some states, there is a limit on the amount of punitive damages the court may award.
Seek Professional Help to Recover Damages
If you’ve suffering an injury caused by another party’s negligence or recklessness, you can hold the responsible party accountable. Always get help from a reputable attorney with experience representing personal injury victims. They can help you pursue compensation for your losses while you concentrate on your recovery process.