General vs. Special Damages in Personal Injury Cases

In personal injury cases, the goal of a settlement is to restore the injured party to the condition that they were in before their accident. This is done through a financial payment that is split into several categories based on the type of repayment called damages. The two main kinds of damages are general damages and special damages.

When you are injured due to someone else’s negligence, the most important thing that you need to be focused on is recovering. Your Atlanta personal injury lawyer will handle all the calculations that go into creating a comprehensive settlement based on any applicable damages that you may have sustained. However, it can be helpful to understand what general and special damages in personal injury cases are and how they can affect the outcome of your settlement.

Defining General Damages in Personal Injury Cases

General damages are awarded as compensation for non-economic losses or significant losses that do not have a link to a specific monetary amount. These types of damages are difficult to calculate by definition and tend to be more subjective. Some common examples of general damages in personal injury cases can include:

• Pain and suffering
• Decreased quality of life
• Loss of companionship
• Physical impairment or disfigurement
• Mental anguish, including post-traumatic stress disorder (PTSD)
• Chronic pain
• Loss of a career or diminished earning potential

Legal professionals and insurance companies will use multiple methods to calculate general damages in a personal injury settlement. The per diem method determines a set daily amount based on the days the injury took to heal. They might use the multiplier method, which takes special damages and multiplies them by a number between 1.5 and 5, based on the seriousness of your injuries.

Defining Special Damages in Personal Injury Cases

Special damages are awarded as compensation for economic losses or specific monetary losses that had to be paid as a result of the victim’s injury. These costs are somewhat easier to calculate than general damages as they typically have associated receipts, bills, invoices, and other documentation. Special damages would typically be considered any out-of-pocket expense incurred as a direct result of the personal injury you are trying to settle.

Documentation is absolutely essential to have as evidence to support your claim. Your personal injury lawyer can help ascertain what files, records, and evidence are needed, but be sure to save everything associated with your personal injury as it might be important. Some common examples of special damages in personal injury cases can include:

• Medical expenses such as hospitalization, medications, surgeries, and physical therapy
• Future medical treatments and related ongoing costs
• Travel costs to and from appointments, including ambulance expenses
• Property damage, including but not limited to car repairs after an accident
• Lost wages due to time off caused by the injury
• Funeral expenses associated with a wrongful death case

Calculating a Comprehensive Settlement

In personal injury cases, it is important to calculate a comprehensive settlement to ensure that you get the full amount you rightfully deserve. When attempting to settle with the at-fault party’s insurance, insurance adjusters will do whatever they can to pay out the lowest sum to protect their own interests. Before you settle for what insurance is willing to give you, make sure that it will compensate you for everything you have been through and will adequately cover any required treatment and potential lingering effects in the future. 

Your legal representation will help you calculate this amount based on documentation, medical bills, testimony from medical professionals, legal precedents, and other factors. If insurance is not willing to negotiate and does not offer a fair settlement amount, your personal injury attorney may recommend that you file a lawsuit to ensure you get the compensation you deserve. While insurance companies may have a cap on the amount they can repay, the Georgia legal system does not have any cap or limit on special damages or general damages in personal injury cases. 

Filing a lawsuit may also allow you to receive punitive damages in addition to general and special damages. This type of damages is sometimes awarded in extreme cases of negligence or intentional harm and is meant to set an example or punish the defendant for their actions. In Georgia, there is a cap on punitive damages that is set at $250,000, with some exceptions.

Timeline to Receiving a Settlement for General and Special Damages

The timeline for receiving compensation for your personal injury will vary depending on a lot of different factors. The main conditions that will determine the timeline will be the severity of injuries and whether your case is settled outside of court or has to proceed as a lawsuit. When your injuries are severe, there may be delays in calculating the settlement due to needing to ensure that all treatments and procedures are accounted for.

If you are able to settle outside of court, typically, insurance companies will take a few weeks to a few months to pay out your settlement. If your case has to proceed to court, it can take a few months to years to receive an outcome. For the best success, it is important to retain a personal injury lawyer to obtain your settlement as quickly as possible.

According to Georgia Code O.C.G.A. §9-3-30, the statute of limitations for most personal injury cases is two years from the date of the injury. It is important to begin work on your personal injury case as soon as possible to ensure that you and your personal injury attorney are able to have appropriate time to file and settle your case. If you are filing for a wrongful death lawsuit, be sure to also understand the wrongful death lawsuit statute of limitations in Georgia and how this statute applies.

Trust in the Team at John Foy & Associates for Help with Your Personal Injury Case

If you are questioning the difference between general damages and special damages, it is likely that you need legal assistance for a personal injury case for yourself or someone you love. Trust in an experienced personal injury lawyer from John Foy & Associates to fight for your rightful settlement. Get the Strong Arm; contact us for a free, no-obligation consultation.