If you have been injured because of someone else’s negligence, you may be entitled to compensation for the losses caused by the accident. In personal injury cases, this compensation is commonly referred to as “damages.” Two important categories of damages are special damages and general damages.
The primary difference between special damages vs. general damages is how the losses are measured. Special damages compensate an injured person for specific financial losses, such as medical expenses and lost wages. General damages compensate for non-financial consequences, including pain, emotional distress, and loss of enjoyment of life.
Understanding both types of damages can help you better evaluate what a personal injury claim may be worth.
What Are Special Damages in a Personal Injury Case?
Special damages, sometimes called economic damages, compensate an injured person for measurable financial losses resulting from an accident. Because these losses generally have a specific dollar amount, they can often be documented using bills, receipts, employment records, and other financial evidence.
Examples of special damages may include:
- Emergency room and hospital bills
- Doctor and specialist visits
- Surgery and other medical procedures
- Prescription medications
- Physical therapy and rehabilitation
- Lost wages and employment benefits
- Reduced future earning capacity
- Property damage
- Necessary out-of-pocket expenses
Future financial losses may also qualify as special damages. For example, someone who suffers a serious spinal injury might require ongoing medical treatment for years. An expert may calculate the anticipated cost of that care so it can be considered when determining compensation.
Keeping detailed records of accident-related expenses can therefore be important when pursuing a personal injury claim.
What Are General Damages?
General damages, often referred to as non-economic damages, compensate an accident victim for losses that do not have a straightforward monetary value. Although these losses cannot typically be demonstrated with a receipt or invoice, they can have a significant impact on an injured person’s quality of life.
Common examples of general damages include:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Permanent disability
- Disfigurement or scarring
- Loss of enjoyment of life
- Loss of companionship or consortium
For example, two people might incur identical medical expenses after similar accidents but experience very different long-term consequences. One person may recover completely within several months, while another may continue experiencing chronic pain that prevents them from participating in hobbies, caring for family members, or enjoying everyday activities.
General damages are intended to account for these personal consequences of an injury.
How Are Special and General Damages Calculated?
Calculating special damages is usually more straightforward because many economic losses can be supported by documentation. Medical bills can establish treatment costs, while pay stubs and employment records may help demonstrate lost income.
Determining general damages can be more complicated. There is no universal dollar amount for pain and suffering or emotional distress. Instead, the value may depend on factors such as the severity of the injuries, how long recovery takes, whether the victim experiences permanent limitations, and how significantly the accident changes their daily life.
Medical records, expert testimony, photographs, statements from family members, and other evidence may help establish the extent of these non-economic losses.
Can You Recover Both Special and General Damages?
Many personal injury claims involve both special and general damages. Someone injured in a car accident, for example, might seek special damages for medical expenses and missed work while also pursuing general damages for physical pain and diminished quality of life.
However, the compensation available in a particular case depends on the circumstances, applicable state law, insurance coverage, and other factors. Some jurisdictions also impose restrictions or caps on certain categories of damages.
Contact a Minneapolis Personal Injury Lawyer at Hall Law Personal Injury Attorneys for a Free Consultation
For more information, please contact an experienced personal injury lawyer at Hall Law Personal Injury Attorneys to schedule a free initial consultation today. We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina.
We proudly serve Hennepin County, Stearns County, and their surrounding areas:
Hall Law Personal Injury Attorneys – Minneapolis
825 Nicollet Mall, Suite 615, Minneapolis, MN 55402
(800) 292-1979
Find us with our GeoCoordinates: 44.97514068188609, -93.27349979814521
Hall Law Personal Injury Attorneys – St. Cloud
1010 W St Germain St # 320, St Cloud, MN 56301
(320) 255-1000
Find us with our GeoCoordinates: 45.55903612908877, -94.16420517306956
Hall Law Personal Injury Attorneys – Edina
5200 Willson Rd #203, Edina, MN 55424
(952) 697-5560
Find us with our GeoCoordinates: 44.90963991439301, -93.34937342327198