Damages in tort law generally fall into two categories: special damages and general damages.
In a personal injury case, such as a car or slip-and-fall accident, special damages compensate for measurable financial losses. These may include medical expenses, lost wages, property damage, and other out-of-pocket costs. An injured person may seek these damages through an insurance claim or lawsuit.
General damages are different. They compensate for losses that are harder to measure, such as pain and suffering, emotional distress, and loss of enjoyment of life.
If you have been injured in an accident that was not your fault, contact the experienced car accident lawyers in Indianapolis at Wilson Kehoe Winingham Injury Lawyers to find out what your claim might be worth.
In this article, we’ll discuss the differences between special damages and general damages.
What Are the Types of Damages?
Personal injury cases are a type of tort claim. A tort is a civil wrong that causes another person to suffer harm, often due to negligence. In these cases, damages refer to the money an injured person may recover through an insurance settlement or court award.
Damages are usually divided into three main categories: economic, non-economic, and punitive.
Economic Damages
Economic damages (sometimes called special damages) cover the financial losses caused by an accident or injury. These damages are often easier to prove because they can be supported with bills, receipts, pay stubs, and other records.
Examples include:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of future earning capacity
- Rehabilitation costs
- Property damage
- Out-of-pocket expenses
Typically, these losses are supported by bills, receipts, employment records, and other forms of documentation.
Non-Economic Damages
Non-economic damages (sometimes called general damages) cover the personal impact of an injury. These losses are harder to measure because they do not come with a clear price tag, but they can affect your daily life in serious ways.
Examples include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Scarring or disfigurement
- Permanent disability
- Loss of companionship or consortium
While calculating the value of these losses is difficult, they often play a crucial role in personal injury claims.
Punitive Damages
Punitive damages are different. They are not meant to repay the injured person for a specific loss. Instead, they may be awarded in rare cases to punish a defendant for reckless, intentional, or grossly negligent conduct.
In Indiana, punitive damages are subject to statutory limits and are distributed differently from compensatory damages.
Special Damages Example
Suppose someone runs a red light in front of you and causes a car accident. You are injured in the accident, and your new car is destroyed. An ambulance takes you to the nearest hospital, where you’re treated for your injuries in the emergency room.
In this case, because the other driver caused the accident, you would most likely be eligible to collect compensatory damages—both special damages and general damages.
Your special damages would include any expenses you have related to the accident and your injury, including medical expenses (e.g., the cost of the ambulance ride and emergency room bills), property damage (e.g., reimbursement for repairs to your vehicle and the cost of a rental car while your car is being repaired), lost wages, and other financial losses.
How to Calculate Special Damages
Special damages are known as economic damages because precise dollar amounts are associated with each item. Often, these dollar amounts appear on invoices and receipts, whether in paper or digital form.
- Past medical expenses are calculated by adding up your previous doctor’s bills.
- Future medical expenses are calculated based on the course of treatment prescribed by your doctor.
- Lost wages are calculated based on your regular hourly or weekly pay rate multiplied by the time you’ve missed from work.
- Car values can be determined by consulting resources like the Kelley Blue Book.
- To calculate a dollar value for other types of property damage, it may help to refer to past awards in similar accidents.
An experienced personal injury lawyer can help gather the records and evidence needed to accurately calculate your economic losses and pursue the full compensation you deserve.
Call us at (317) 920-6400 for your free consultation.
General Damages Example
In the same example, your general damages would focus on how the crash affected you personally. You may be entitled to compensation for the physical pain from your injuries, the stress and anxiety caused by the accident, and the frustration of being unable to work, drive, or enjoy your normal routine while you recover.
These losses do not come with receipts, such as medical bills or repair costs. Instead, they reflect the human impact of the accident, including your pain and suffering and the ways your injuries disrupted your daily life.
How to Calculate General Damages
General damages, also known as non-economic damages, do not have exact dollar amounts attached to them. Unlike medical bills or repair costs, these losses are based on how the injury affects your daily life, health, and well-being.
When evaluating general damages, lawyers and insurance companies may consider factors such as:
- The severity of your injuries
- The length of your recovery
- Whether you will have lasting pain or physical limitations
- The emotional distress caused by the accident
- How your injuries affect your hobbies, relationships, and daily routine
- Whether you suffered permanent disability, scarring, or disfigurement
Because these losses are personal, there is no single formula that applies to every case. However, lawyers and insurance companies may calculate pain and suffering by comparing past awards in similar cases or by multiplying economic damages by a number that reflects the severity of the injury.
Contact a Personal Injury Attorney Today
Whether you have been injured in a minor car accident or are facing a long recovery after a catastrophic injury, reach out to Wilson Kehoe Winingham Injury Lawyers to schedule a consultation. Our team serves clients across Indianapolis and throughout Indiana, and we’re ready to pursue the justice and full compensation you deserve.