The two main types of damages awarded in civil lawsuits are special damages and general damages. Each type serves a different purpose and apply in different contexts as a car accident lawyer can share:
What Are Special Damages?
Special damages are economic damages and are also known as compensatory damages. Special damages are awarded in civil cases to compensate a plaintiff for quantifiable monetary losses incurred due to the defendant’s wrongful actions or negligence. There are several types of special damages. According to our friends at Kiefer & Kiefer, examples of special damages include:
- Medical Expenses: This is compensation for the expenses you incurred for medical treatment, which includes hospital bills, doctor’s visits, surgeries, medication, therapy, and rehabilitation.
- Lost Earnings: This is compensation for the income you lost due to injury or disability, and it includes wages, salary, bonuses, commissions, and other forms of compensation.
- Property Damage: This is compensation for your costs associated with repairing or replacing damaged or destroyed property, such as vehicles, real estate, personal belongings, or other items.
- Cost of Care: This is compensation for the expenses you incurred for ongoing care or assistance needed as a result of the injury, such as home health care, nursing services, or assistance with daily living activities (such as dressing yourself, help eating, help moving from place to place, etc.).
- Loss of Consortium: This is compensation for the loss of companionship, support, and services provided by a spouse or family member because of the injury. This could include housekeeping, yard maintenance, cooking, and the like.
- Funeral and Burial Expenses: This compensates you for costs associated with funeral services, disposition of remains, and related expenses incurred in the event of a wrongful death due to the injury.
- Travel Expenses: This is compensation for the costs of your transportation to and from medical appointments, therapy sessions, or other necessary services related to the injury.
Special damages are proven mostly using documentation and other evidence that shows the actual costs incurred by the plaintiff as a result of the defendant’s actions. Examples of how you can prove your special damages are through medical bills and records, pay stubs, tax forms, receipts, invoices, and other financial records.
What Are General Damages?
Unlike special damages, general damages compensate a plaintiff for more subjective, non-economic harms that are intangible and difficult to quantify in monetary terms. There are several types of general damages a plaintiff may be compensated for due to the defendant’s wrongful actions. Some examples of general damages include:
- Pain and Suffering: This is the most common type of general damages, and it is compensation for physical pain, discomfort, and emotional distress experienced by the plaintiff as a result of the injury or harm caused by the defendant.
- Mental Anguish: Mental anguish can be difficult to prove in some cases, but it is compensation for psychological or emotional distress, such as anxiety, depression, fear, grief, or loss of enjoyment of life, resulting from the defendant’s actions. It usually has to be proven using a specialist’s records, like a psychologist.
- Loss of Consortium: This is compensation for the loss of companionship, support, affection, and intimacy suffered by a spouse or family member as a result of the plaintiff’s injury or harm. This is typically proven through depositions and other discovery methods.
- Loss of Enjoyment of Life: This is compensation for the loss of ability to participate in activities, hobbies, or interests that the plaintiff enjoyed prior to the injury or harm. This is typically proven through depositions and other discovery methods.
- Disfigurement or Scarring: This is compensation for physical disfigurement or scarring resulting from the injury, which may affect the plaintiff’s appearance and self-esteem. The disfigurement and scarring do not have to be on the plaintiff’s face.
- Loss of Reputation: This is compensation for damage to the plaintiff’s reputation or standing in the community because of the defendant’s actions, such as defamation or slander. This can be difficult to prove and proving it can be document-intensive.
General damages can be very subjective and vary from case-to-case due to factors such as the specifics of the case, the severity of the injury or harm suffered by the plaintiff, and the impact of the injury on the plaintiff’s life. General damages are different in this regard from special damages, because special damages are compensation for specific financial losses that have an actual dollar amount. If you or a loved one has suffered an injury due to someone else’s negligence, contact an attorney who can help you determine what damages you are owed.