Types of Damages in Personal Injury CasesPosted on January 24, 2015
When you sue for damages, there is often confusion on what you can collect on. Damages are the harms you have suffered from another person’s negligence, recklessness, or malice. There are two types of damages called “general damages” and “special damages”, these also can be called non-economic and economic damages. Below is a basic explanation of each. If you have any questions about the specifics, its important to ask your attorney.
General damages are said be a natural consequence of the defendant’s wrongful action. This means that it is foreseeable to a reasonable person that the action would cause injury. If a defendant is not reasonable and does not anticipate the injury, then the plaintiff could still recover. If the plaintiff has a condition that is aggravated by the injury, then they could still receive damages. This is called the “egg shell skull plaintiff rule” which sounds quite odd. What it means is that even if the plaintiff had a skull as delicate as an eggshell, the defendant would still be liable for any damages caused by their negligence.
Types of General Damages
Some common types of general damages are:
- pain and suffering
- physical disfigurement
- physical disability
- emotional distress
- loss of companionship (wrongful death)
Special damages are a bit different as they compensate the plaintiff for any economic loss that they have suffered as a result of the injury. They are calculated carefully based on records of bills, medical expenses, lost wages, etc. Special damages are different from general damages as they must be proven with documentation.
Types of Special Damages
Some common types of special damages are:
- repair or replacement of property that was damaged
- lost wages or loss of earning capacity
- medical expenses
- loss of property
If you need help in collecting damages after your personal injury, contact us at Cyclist at Law at 800-844-6188. We will ensure that you get the compensation you deserve.