Breaking Down The Different Types of General Damages

General damages are defined by each state but are generally considered as lost wages, medical expenses, pain and suffering and replacement services. General damages typically cover costs directly related to the accident and the resulting injury. Unlike general damages, punitive damages are awarded to punish the defendant for not being more careful or for being negligent and causing the resulting injury.

General damages fall into different categories:

Actual Medical costs
Lost wages
Pain and suffering
Future medical costs
Future rehabilitative costs
Property damage

Costs Already Incurred

Actual medical costs are costs you have incurred directly related to the accident such as ambulance and emergency room costs. There may also be treatment costs immediately following the accident. These costs are typically covered without much argument from the defendant.

Lost wages are paid to someone who cannot work due to his injuries resulting from the accident. A victim will have to prove that he would have been working if he had not been injured and sometimes there is an argument as to whether the injury is severe enough to warrant missing work.

Property damage is relatively easy to assess. If a victim has damage to property, he should provide receipts to either repair or replace the property. If replacing property, a victim should know that he can only recover the cost of a similar replacement. If a victim’s 1990 car has been totaled for example, he cannot expect to be compensated for a brand new car. He will be compensated for the value of the car that was totaled.

Possible Future Costs

Future medical costs are speculative because no one ever knows with any certainty how long an injury may need treatment or whether the injury may have reoccurring effects. Medical experts are often used by both sides of personal injury suit to make estimates as to how much future medical costs might be worth. Future rehabilitative costs and future lost wages would fall under the same scrutiny. It is not an exact science and the injured victim must try to make a guess as to how much he might spend in the future because once a settlement has been established, the victim cannot go back to court to ask for more money for the same injury.

Getting Legal Help

Any accident victim with general damages should consult a personal injury attorney to understand the types of losses for which he might expect to be compensated. Documentation and expert witnesses play key roles in getting general damages. An experienced personal injury attorney can help you pull together a solid claim. In addition to general damages, some states allow an accident victim to also be awarded punitive damages, which are basically awarded to punish the defendant for his negligence. Punitive damages require thorough knowledge of the law and the circumstances of the case in order to be successful.

Have a Personal Injury Case?