General Damages
Compensation awarded for losses that naturally and necessarily result from an injury but cannot be precisely calculated, such as pain and suffering, emotional distress, or loss of enjoyment of life. These differ from special damages which have specific monetary amounts.
Example
“The jury awarded $50,000 in general damages for pain and suffering in addition to $25,000 in special damages for medical bills and lost wages.”
Memory Tip
General damages are 'Generally hard to count' - unlike medical bills, you can't put an exact price on pain and suffering.
Why It Matters
General damages often represent the largest portion of personal injury settlements, sometimes exceeding economic losses by multiples. Understanding this helps injury victims realize the full value of their claims and avoid settling too quickly for just medical expenses.
Common Misconception
Many people think insurance claims only cover actual bills and expenses, not realizing that general damages for pain, suffering, and life impact can be worth significantly more than the special damages for medical costs and lost income.
In Practice
Maria suffers a back injury in a car accident, incurring $15,000 in medical bills and losing $8,000 in wages (special damages totaling $23,000). However, her chronic pain, inability to play with her children, and ongoing discomfort result in $75,000 in general damages. Her total settlement of $98,000 is more than four times her actual financial losses, with general damages representing 77% of the award.
Etymology
From legal Latin 'damnum,' meaning loss or damage. 'General' indicates damages that generally flow from any similar injury, as opposed to 'special' damages unique to the individual case. The distinction developed in English common law.
Common Misspellings
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