Have you ever been involved in a personal injury settlement? If so, you may have heard the terms “general damages” and “special damages.”
But what do these terms mean exactly?
When it comes to personal injury cases, you should understand the different types of damages that can be awarded. Knowing what kind of compensation you could receive is key to getting a fair settlement out of court or winning your case in court.
Let’s explore these two types of damages and how they could affect your settlement amount.
If you’ve been injured as a result of negligence, consult with an experienced San Diego personal injury attorney to review these nuances and ensure you get the compensation you deserve.
Damages are a form of compensation for a person who has suffered harm as the result of another’s negligence. A personal injury settlement has two types of damages: general and special.
General damages are typically awarded to compensate for physical or emotional pain and suffering and loss of enjoyment of life caused by the injury. On the other hand, special damages are designed to reimburse an individual for out-of-pocket expenses related to the incident. These could include medical expenses, lost wages due to missed work, and property damage.
When it comes to general damages, they usually include both physical and emotional harm. Physical harm includes anything from physical pain or disability to disfigurement or physical impairments due to the accident.
Emotional harms include psychological trauma, depression, PTSD, or any other form of emotional distress that was caused by the accident.
Special damages are easily quantifiable and can be calculated to an exact dollar amount. They include medical bills, lost wages, and any future financial losses directly resulting from the injury. These types of damages typically come with receipts or paperwork attached to them, making it easier to prove their validity in court.
This type of compensation also covers any property damage resulting from the injury, such as damage to a vehicle. While these types of expenses may seem minor on their own, they can add up quickly and cause substantial financial strain when put together. Understanding special damages is important for accurately calculating the total amount of compensation due in a personal injury settlement.
The amount awarded in a personal injury settlement depends on various factors, including general and special damages, the severity of the injury, and any pre-existing conditions. Other important considerations include the strength of the evidence presented in court and any potential liability issues that may arise from the case.
Working with an experienced legal team who can help you maximize your financial recovery is essential. With legal guidance, you can ensure that all applicable damages are properly assessed and accounted for in the settlement.
Determining the amount of a personal injury settlement is a complex process. It involves assessing general and special damages to create an appropriate award. When calculating the settlement amount in a personal injury case, it is important to consider both types of damages and any other factors that may affect the claim’s value.
Ultimately, your attorney and the at-fault party’s insurance company will negotiate a fair settlement that takes into account all relevant information. With proper representation and an understanding of the different types of damages available in a personal injury case, you can receive just compensation for your losses.
Contact a knowledgeable personal injury attorney in San Diego today.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
