Posted on Saturday, March 1st, 2025 at 9:00 am
In the context of a personal injury claim, the term “damages” refers to the money an accident victim receives to offset the harm they’ve suffered due to someone else’s legal fault. Damages come in several different types, the most common being general damages and special damages. Most successful personal injury claims should result in an award of both. What is the difference between general vs special damages? Let’s take a closer look at what the terms mean and what you should expect as you pursue your case.
What Are General and Special Damages?
Despite what you might assume based on their names, it’s easier to understand the differences between general and special damages if we define the latter term first. On the topic of definitions, it also helps to know that a plaintiff is an injured person bringing the lawsuit, while a defendant is the person the plaintiff brings their lawsuit against.
Special damages cover specific, measurable financial losses a plaintiff has incurred due to the defendant’s actions. These include medical expenses, lost wages, property damage, and other costs that can be documented with bills, receipts, and employment records. As such, special damages require concrete proof and are calculated based on actual expenses and anticipated future costs. In the latter case, it’s often helpful for a plaintiff to work with medical professionals and economists who can project the cost of injuries into the future.
General damages, on the other hand, refer to non-monetary losses that are not easily quantifiable. These damages compensate a plaintiff for the harm that naturally results from an injury or wrongdoing, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Because these damages are subjective, courts rely on factors like medical testimony, the severity of the injury, and precedent to determine an appropriate award.
Examples of General and Special Damages in Personal Injury
Let’s take a closer look at examples of special and general damages so you can better understand the concepts.
Examples of Special Damages
Special damages are also called economic damages because they are strictly financial in nature. They may include:
Past and future medical expenses, including emergency transportation and treatment, surgeries, hospitalization, post-operative care, pharmaceutical drugs, medical assistive devices, and occupational/behavioral therapy
Lost income, including wages, tips, salary, bonuses, commissions, benefits, and promotions the plaintiff can’t earn while they’re recovering
Diminished earning capacity if the plaintiff’s injuries lead to impairments that prevent them from continuing in their career
Property damage, including repairing or replacing any items damaged or destroyed in the accident, such as a vehicle in a traffic collision
Home and vehicle modifications necessitated by impairments the plaintiff suffered, such as wheelchair ramps in their house
Incidental costs, such as travel to and from medical appointments
Basically, special damages account for any losses that have a specific dollar value attached to them.
Examples of General Damages
General damages are also called non-economic damages because they are not financial in nature. They can include:
Pain and suffering are terms used to describe the generalized physical and emotional discomfort caused by injuries
Emotional distress is a similar-sounding term that describes the fear and anxiety the plaintiff experienced because of the incident that caused their injuries
Diminished quality of life accounting for the negative impacts that ongoing impairment has on a plaintiff’s ability to take part in favorite activities and generally enjoy life to its fullest
Loss of consortium, or the negative effects that injuries can have on loved ones’ relationships with the plaintiff
While these losses do not have a dollar sign attached to them, they are no less real—and therefore no less compensable—than those that do.
How Do You Calculate General Damages?
General damages do not have a specific dollar value, which means that they will need to be quantified financially somehow. In cases that go to trial, juries generally have a broad mandate to choose an amount they think is fair based on the facts of the case. Here are examples of factors from Utah’s model jury instructions:
The nature and extent of the injuries
The physical and mental pain and suffering the plaintiff experienced
The extent to which the plaintiff’s injuries interrupt their ordinary life
The degree of scarring and disfigurement the plaintiff suffered
The extent to which the plaintiff’s ability to enjoy life has been impacted
The effects of the plaintiff’s injuries are expected to last for a specific duration.
For insurance settlements, the plaintiff and the insurance company will attempt to arrive at a figure that approximates what the plaintiff could get at trial. One common way to do this is the multiplier method, in which the parties choose a number between 1.5 and 5 based on the extent of the plaintiff’s injuries. Next, they multiply that number by the amount of special damages to arrive at a final figure. For example, let’s say someone has $100,000 in special damages and a moderate amount of pain and suffering. The insurance company agrees to a multiplier of 2, resulting in a total settlement of $200,000.
What Are Punitive Damages?
General and special damages compensate the injured party. Punitive damages serve a different purpose: punishment and deterrence. Courts award these damages in cases where they find the defendant’s conduct to be especially reckless, malicious, or grossly negligent. Punitive damages go beyond mere compensation to penalize the wrongdoer and discourage similar misconduct in the future.
Punitive damages differ from both general and special damages because they do not reflect the plaintiff’s actual losses. Instead, courts determine them based on factors such as the severity of the defendant’s misconduct, their level of intent, and their financial status. Courts often award punitive damages in cases of fraud, intentional harm, or extreme negligence, such as when a company knowingly sells a dangerous product in a product liability case. However, courts do not award these damages in every case and typically impose legal limits to prevent excessive penalties.
Get Help From a Utah Personal Injury Lawyer
Are you dealing with the painful aftermath of a personal injury accident in Utah? If so, you need help demanding every cent possible in general and special damages. Contact our law firm today at (772) 272-7274 or through our online form to start your free consultation with a Utah personal injury attorney.
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