Call Us Now! Toll-free 1-800-776-4529

In Personal Injury Law, What Are Damages?

Back to articles

Posted On 04.22.15 by in Personal Injury

In-Personal-Injury-Law,-What-Are-Damages

If you find yourself with a personal injury claim, then you will definitely want to learn more about different types of cases and what you actually have to go through in court. These laws can be very confusing and because there is such a broad scope to personal injury cases overall, you will need to hire proper legal representation. At the same time, learning more about personal injury damages and the different things involved will be very helpful so that you don’t get overwhelmed as the case moves forward.

One of the things that will come up when you bring personal injury cases to court will be damages. You need to understand what damages actually are and what they mean for you. There are essentially two types of damages: general and special. We need to discuss both of these and ensure you understand how they could come into play for your own case.

General Damages

This first set is the most common. Any damages that would be considered a natural part of the accident or claim would be general. They can include several different things, such as:
• Pain and suffering
• Mental anguish
• Loss of quality of life
• Physical impairment
• Physical disfigurement
• Loss of family member (wrongful death)

It will be the responsibility of you and your attorney to come up with a number. However, it can be very hard to do this simply because there is no way to actually say how much your pain and suffering is worth. Often, the courts will instead consider the severity of your accident and injury to determine how much to award in general damages.

Special Damages

The special damages are designed specifically to provide compensation for losses. Any expenses that came out of the accident or injury could be considered special damages, so some examples include:
• Lost wages
• Lost property
• Loss of earning capacity
• Medical expenses
• Repair or replacement of property

Special damages are much easier to calculate than general damages. That’s because it is quite possible to put a number on past and future lost wages or the value of a car. The only concern that could become an issue would be the future itself. The court will have to calculate how much you are expected to lose based on the extent of the accident and your injuries. This is another reason why having an experienced personal injury attorney is a must. You need to know your representation will be able to go to bat for you and recover as much compensation as possible.

When it comes to a personal injury case, damages are very important. You will need to seek these damages, likely both types, in order to be property compensated for your accident and subsequent injury. By having an experienced personal injury attorney, you will have the professional representation needed to seek a fair amount of damages. So, make sure you hire someone you can trust, and by understanding what damages are, you will better be prepared to discuss this issue and come to conclusions along with your attorney.

Related Articles

Should You Settle Your Personal Injury Case?

In all likelihood, you’ll be faced with the decision of whether or not to settle your personal injury claim once it’s made. By and large, defendants have an interest...

Read Article

Who Is Covered by Workers’ Compensation?

Given its name, you may think that workers’ compensation covers anyone who is employed. Unfortunately, this misconception could leave you very disappointed if you ever get injured on the...

Read Article
trust trust trust trust