What is considered general damages?

Asked by: Prof. Barrett Dickens  |  Last update: February 19, 2025
Score: 5/5 (53 votes)

In a personal injury case, general damages are the compensation one receives for the intangible losses resulting from the injury such as pain and suffering and emotional distress. These are losses with no existing bills or costs associated with them.

What is an example of a general damage?

Examples of general damages include: physical pain and suffering (compensation for being in pain); physical injury or impairment (disfigurement or disability); mental pain and anguish (trauma, stress and anxiety); diminished quality of life (relying on others, lack of mobility, etc.); loss of companionship and support ...

What do you mean by general damages?

the amount of money that a court orders to be paid to a person who has been injured or for something that has been lost or damaged, when it is impossible to judge the value of the pain, loss, etc.: General damages are those damages that can't be weighed or put on a scale.

What are actual general damages?

These damages are also called “actual damages”. Compensatory damages include two subtypes: general and special damages. General damages compensate you for direct losses you suffered due to a breach. For example, if your supplier failed to deliver goods on time, you might have needed to purchase replacement goods.

What are the three types of damages?

There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive. An attorney can estimate how much your claim may be worth based on your damages. Your lawyer will ask for you to bring any documentation related to your case to your first meeting.

STOP & LEARN: General Damages!

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What is the most common type of damages awarded by a court?

Additionally, compensatory damages are much more common than punitive damages. Compensatory damages can be awarded in a wide range of personal injury claims caused by the negligence of another party or entity. Some common accidents include: Car crashes.

Is mental anguish considered punitive damage?

Punitive damages may be available if you suffered intentional emotional distress, particularly if the harmful conduct was malicious or egregious. While the court awards punitive damages sparingly, they can be substantial.

How do you determine general damages?

Determining general damages usually involves assigning an exact dollar amount to a subjective injury. These issues may be intangible and differ from person to person. In awarding the damages, factors come into play such as the gruesome nature of an injury, the skillfulness of the attorneys, and the judge and/or jury.

How do you prove general damages?

Bringing in experts

Expert witnesses are invaluable in establishing general damages because their testimony will provide objective evidence as to why the plaintiff is in pain; depressed; unable to do certain activities; or why the plaintiff is able to perform certain functions but has to do them differently.

What is ordinary or general damages?

General Damages- Also known as Ordinary Damages, these are the damages caused naturally due to contract breach. These damages are restricted to direct consequences arising due to unforeseen circumstances.

What are general damages for pain, suffering?

General damages: This covers the pain and suffering you have gone through and the impact the injury or illness has had on your life up to the point of settlement and any impact into the future. The amount of compensation you can expect to receive depends on the severity and the length of time of your suffering.

How do you value general damages?

How do courts calculate general damages?
  1. Unnecessary pain and suffering. ...
  2. Impact on the victim's life. ...
  3. Travel expenses. ...
  4. Medical treatment. ...
  5. Adaptions to the home. ...
  6. Cost of additional assistance. ...
  7. Medical treatment/specialist care. ...
  8. Specialist equipment.

Are general damages punitive?

General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.

What are damages vs general damages?

General damages, also known as noneconomic damages or pain and suffering, describe the intangible ways in which an incident or injury has impacted the individual. Unlike special damages, they do not encompass specific financial losses suffered by a victim.

Is emotional distress a special damage?

Emotional distress is recognized as a compensable damage in a California personal injury case. If a victim can prove that he or she suffered emotional distress as an outcome of the accused party's negligence, he or she can recover compensation.

What is the most common type of property damage?

The six most frequent property damage claims include wind and hail damage, water damage, fire and lightning damage, theft, vandalism, and liability claims.

Can you sue for general damages?

General damages (also known in California as “non-economic” damages) in a personal injury or wrongful death case are intangible damages, which are the most valuable in a personal injury claim.

How much compensation for loss of eye?

Loss of one eye (£41,600 ~ £136,700)

The loss of an eye will not only result in blindness but also cosmetic deformity, both of which can be claimed for. The amount of compensation to be awarded will depend on your age, as well as the deterioration in vision in your remaining eye.

How are general damages awarded?

13.19 General damages are damages for non-economic loss, including pain, suffering, loss of amenities, and loss of expectation of life. Underlying the award of damages for non-economic loss is the idea that money can provide the plaintiff with some consolation for having been injured.

How much is a bodily injury claim worth?

The median payout for a personal injury lawsuit is approximately $52,900. For most victims with moderate injuries, like broken bones, sprains, and whiplash, the payout ranges from $3,000 to $10,000. However, extreme injury and mental suffering has helped some victims earn millions.

How much can lawyers negotiate medical bills?

The extent to which lawyers can reduce medical bills varies depending on the circumstances. However, it's not uncommon for attorneys to secure reductions of 25% to 40% on medical bills when the insurance proceeds are limited, medical bills are high, and/or there a high hospital liens or other liens.

What are vindictive damages?

They are also sometimes called “exemplary damages” or “vindictive damages” because they are meant to make an example of the defendant, deter others from engaging in the same conduct, and vindicate society's injury in the harm that was done.

What is the most you can sue for emotional distress?

Generally, these claims are worth $30,000-$50,000. The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances.

What type of compensatory damages will pay for pain?

General Compensatory Damages

These damages reflect the broader impact of the injury on the victim's life and are often more subjective in nature. Common examples include: Pain and Suffering: This covers the physical pain and emotional distress resulting from the injury.