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Lehr Law, APC

San Diego Women's Law Attorney

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The Difference Between Special and General Damages

October 21, 2020

When you have been injured in an accident, you will file a lawsuit against those responsible in order to collect damages. There are two distinct types of damages: general and special. It is essential to understand the differences between them because they cover two very different areas of compensation. Here is a rundown of the two different types of damages, what they cover, and how they are calculated. If you have any questions on how these may apply to your case, it is crucial that you speak to an attorney.

General Damages

General damages in a personal injury claim are non-economic damages that incurred from the carelessness of the other party, or in other words, “pain and suffering.” The term “pain and suffering” is misleading in some sense, and even some lawyers get it wrong. In the legal world, pain and suffering damages are vast, and are legally broken down as past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, emotional distress, and other non-economic damages that flow from the negligent party’s wrongful conduct.

It is challenging to assign general damages an exact value. For example, pain and suffering, loss of consortium, and emotional distress are difficult to calculate an exact dollar amount. It isn’t like you can present the court with receipts from your ongoing pain and suffering. The amount of general damages awarded to a plaintiff therefore varies, and it will be paramount to tell your story to the fullest to convey the depth of how an accident or injury impacted your life.

Special Damages

Special damages are quantifiable damages that compensate an injured party for monetary losses that occurred because of the accident. It is much easier to ascertain a monetary value because these damages are evidenced by receipts, bills, and other financial information. Special, or economic, damages include lost wages, medical bills, property damage, and any out-of-pocket expenses you incurred due to the injury. Typically, the injured party will have records of all the expenses that they have paid or will have to pay. These are added up, and an exact dollar amount is requested.

What Your Attorney Needs

Your attorney can better discuss what your compensation should be based on the details of your case. However, it is important that you save all medical bills, receipts, office summaries, and any other paperwork relating to your accident. If possible, scan everything and keep it in a safe location. Your attorney will need these records to investigate and present evidence of your losses.

If you have been injured and need assistance in recovering losses, contact Lehr Law over the phone at (858) 240-9993 or online for a free case evaluation.

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Written By:

Jessica Lehr

Attorney Jessica Lehr is a member of the Consumer Attorneys Association of San Diego, Consumer Attorney’s of California, and the Lawyer’s Club. She is also alumna of the renowned trial lawyer Gerry Spences’ Trial Lawyer’s College.

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1420 Kettner Blvd.

Suite 100

San Diego, California 92101

Mon – Fri

9AM – 5PM PT

(858) 240-9993

Litigation

  • Civil
  • Business
  • Contract Law
  • Personal Guarantee Consultation
  • Construction Law
  • Commercial and Personal Insurance Disputes
  • Insurance Bad Faith
  • HOA Disputes
  • Debt Collection Law
  • Mechanic Liens

Personal Injury

  • Back / Neck Injury
  • Dangerous Conditions
  • Dog Bite
  • Head Injury
  • Slip And Fall
  • Elder Abuse
  • Spinal Cord Injuries
  • Other Serious Injuries

Employment Law

  • Sexual Harassment in the Workplace
  • Discrimination
  • Breach Of Contract
  • Wages And Hours
  • Wrongful Termination

Auto Accident

  • Bicycle
  • Hit and Run
  • Motorcycle
  • Trucking
  • Uninsured Motorist

Women’s Resources

  • Emotional Abuse and Trauma
  • Domestic Violence
  • Public Safety

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