General Vs. Special Damages - What’s The Difference?

Legal terminology is very confusing, so much so that legal professionals themselves often have to consult legal manuals to brush up on different definitions. Most people don’t need to worry about this, until trouble strikes and they’re suddenly required to come to grips with all the complex legalese. 

If you suffered an injury due to the carelessness or neglect of a different individual, you are most likely confused by all the new terms present in the world of personal injury law.

As luck would have it, here at OASinc, know a thing or two about personal injury law, and we’ll try our best to illustrate the type of compensation you can recover. More importantly, we’ll provide you with a clear explanation of general vs. special damages, which may help at least clarify how much money you can recover for your injury.

Let’s start with the basics:

What Is The Definition Of Damages?

Damages are defined as a tort - an act that caused harm to another person. 

Harm is an umbrella term that includes different types of actions such as physical injuries, property damage, damage to someone’s reputation, as well as loss of enjoyment of certain legal rights.

Typically, when harm occurs, the plaintiff can file an insurance claim or a lawsuit to recover any damages. In the legal sense, damages are defined as monetary compensation for the harm caused by an act of negligence on the part of the defendant. 

What Type Of Damages Exists?

There are three main categories of damages in personal injury law:

• General damages
• Special damages
• Punitive damages

The general vs. special damages debate exists purely because the terms are confusing, so we’ll go over those first. 

General damages (non-economic damages) are the monetary compensation received for intangible losses. The key phrase here is intangible, which means these types of damages aren’t associated with a specific monetary value. Although they can still be quantified in monetary terms, the process is everything but straightforward.

General damages include:

• Emotional distress
• Pain and suffering
• Loss of quality of life
• Loss of consortium
• Loss of companionship
• Impairment or disfigurement 

Special damages (economic damages), on the other hand, are the compensation awarded for monetary losses. Naturally, this means they have a specific dollar amount assigned to them already so they’re pretty easy to calculate.

Special damages include:

• Medical expenses
• Loss of earnings and lost wages
• Lost earning capacity
• Property damage
• Out-of-pocket expenses
  
  

That covers the distinction between general vs. special damages which are normally awarded in most personal injury cases, leaving only punitive damages awarded in special circumstances.

Punitive damages are the compensation received in cases in which another person caused an injury through fraudulent acts, gross negligence, or wilful conduct. These damages aren’t awarded just to compensate the plaintiff for their injury - they serve as a punishment to the defendant for their behavior.

As such, the criteria for awarding them is very strict and has a legal limit in most states (more on that later).

Generally speaking, the full amount of compensatory damages will consist of the added amount of all three categories of damages. 

How Are Damages Calculated?

The brunt of the general vs. special damages debate boils down to calculating the amounts. As we previously discussed, special damages already have a clear value attached to them and are thus easy to calculate.

For instance, in case you undergo medical treatment after a car accident, you only need to add up all the medical bills to estimate the total cost of the particular medical service. 

Because general damages are intangible, they are more difficult to calculate. If you suffered minimal financial losses in an accident, you are entitled to receive fair compensation. 

The problem lies in the fact that pain and suffering are very subjective, which is why personal injury attorneys consider a variety of factors to calculate the total sum of damages, such as:

• Severity of the injury and its impact on your life
• Type of treatment you received 
• Length of recovery and prognosis

To accurately describe these factors, attorneys usually hire expert witnesses who can help the jury or the judge understand the impact of the accident on your life. For example, if you suffer from PTSD, a psychologist will be able to objectively present the facts of your disposition to the court. 

Furthermore, a personal injury attorney can use several methods to provide you with an estimate of how much you can recover. With the multiplier method, for instance, they will assign a number between 1.5 and 5 to your injury according to its severity. They can then multiply the special damages by this number to give you a general idea of your general damages. 

To illustrate, let’s say your medical bills amount to $5k and your injury can be categorized as a four - you may receive $20k in non-financial damages. 

Are There Any Caps On Damages In Florida?

A damage cap is defined as a limit to the amount of damages you can recover in an injury case. The main goal behind it is to prevent claimants from seeking unreasonable sums of money for their claims. 

The rules vary between states, with some enforcing a cap on general damages and some on special damages. Fortunately, Florida has favorable laws in this regard as there are no limits on compensatory damages.

When it comes to punitive damages, the law limits the number to three times the total amount awarded in compensatory damages, or $500k.

If the amount awarded by the jury exceeds this cap, the judge may instruct the jury to limit the punitive damages and award a higher amount of compensatory damages to make up the difference.

Justice Will Be Served

Now that you know the difference between general vs. special damages, it’s time to get the legal ball rolling in the right direction by hiring an attorney. The legal field can be treacherous, and despite the fact a part of the damages is quantifiable, the insurance company will likely still try to undermine the impact of the injury in an effort to minimize your settlement. 

Remember, you deserve justice and it’s only fair you are compensated for the pain and discomfort you suffered during the whole ordeal. This is why an attorney is a key piece of the puzzle here - they will be there to navigate around any obstacles and assist you in receiving what you’re entitled to under the state law.

Good luck!

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.