Understanding General Damages In Personal Injury Lawsuits

When you pursue a personal injury case, your lawyer will help you determine how to sue for damages and the losses you have experienced. 

Some of these losses are tangible, i.e., physically evident via medical or financial records. These types of damages are easier to prove using professional documentation and expert witnesses. Some may even be evident on your body - like missing limbs or severe burns. 

Other types of damages, like pain and suffering, are considered intangible. These effects are more subjective and complicated to prove, and fall in the category known as “general damages.” 

In most personal injury cases (excluding medical malpractice cases), there is no limit to the amount a claimant or plaintiff can receive for general or personal damages. The amount a plaintiff can recover for general damages is negotiated between the parties’ legal representatives. If a negotiated settlement cannot be reached, a jury or a judge will decide the total compensation a plaintiff should receive. 

Suing For General Damages Requires An Experienced Personal Injury Lawyer

Examples of general damages are:

• Physical pain and suffering
• Long and short-term emotional and psychological effects
• Loss of enjoyment of life
• Disfigurement
• Physical impairment
• Inconvenience
• Grief
• Anxiety
• Humiliation
• Loss of consortium

Because general damages are subjective, receiving what you deserve in general damages requires the talents of a skilled and experienced lawyer.

Personal Injury Lawsuit General Damages Explained

Here are some of the situations included under the general damages umbrella:

Physical pain and suffering

Depending on the type(s) of injuries you experienced as a result of the accident or event, you may have long-term pain and suffering. Even something as simple and seemingly short-term as whiplash can haunt you down the road without regular exercise, physical therapy, or other support.

In some cases, this may take away from, or limit your ability to, “feel yourself” on a daily basis or to participate in activities and hobbies you used to love. Your detailed medical documentation and testimony from expert witnesses can be used to support how this intangible damage will affect your life in the long term and what monetary compensation should be assigned to that.

Emotional distress

People underestimate the emotional and psychological distress that can linger for months and years (or indefinitely) after an accident.

For some, accidents or the aftermath witnessed on the scene can cause severe anxiety, fear, or phobias around driving, riding a bike, or being an everyday pedestrian. If a person suffers a workplace injury, they may struggle to return to their place of business or to perform the same actions as those that led to the accident. 

to recent research, of the people who suffer severe and long-lasting mental and emotional health effects following injuries, researchers found that:

• 25% report clinically relevant distress within the first three months post-injury
• 15% report distress at 12 months
• 16% report distress at 24 months

Victims may also suffer mental distress in the form of mental fatigue, fogginess, or memory loss, all of which can negatively impact daily life. In some cases, clients do not realize how much they were affected by an accident or injury-related event until six months to a year after the accident. However, the statute of limitations for personal injury lawsuits and compensation for general damages typically expires after two years. This is why it is imperative that an accident victim consult with a personal injury lawyer as soon as possible so they do not lose out on their opportunity to obtain and collect all relevant documentation that could be useful down the road.

Loss of enjoyment of life

Depending on the physical pain and suffering, combined with your emotional suffering, you may feel like life has lost its joy. Loss of enjoyment, particularly when victims can no longer do the things they loved to do, takes its toll. 

People who report a lack of enjoyment in their daily lives are far more likely to report feeling depressed and hopeless or may experience suicidal tendencies without proper, consistent, professional mental health support.

This is another intangible general damage or consequence from an accident that should be evaluated by mental health or other healthcare professionals, who can serve as expert witnesses to support your case.

Disfigurement, Physical impairment, Inconvenience, Grief, Anxiety and Humiliation

Disfigurement, physical impairment, inconvenience, grief, anxiety, and humiliation are all compensable elements of general damages. Experiencing any one, or a combination of these elements entitles a victim to compensation. 

Loss of consortium

Loss of consortium is a legal term that covers scenarios like loss of companionship, comfort, love, and/or the loss of the spousal relationship. This intangible benefit is unquantifiable and challenging to prove without clear documentation, evidence, and testimony. In most cases, victims suffer the loss of a long-term, committed domestic partnership or marriage. To prove this, your lawyer will help you find evidence or witnesses who can attest to the quality of your relationship and connection before the accident or injury, and the decline in the relationship since.

Total Compensation For General Damages

There is no way to know the amount of compensation you can expect to receive for the general damages you have suffered because such varies from case to case. Determining the appropriate amount requires consideration of: 

• The details surrounding the accident, including comparative negligence (what role, if any, did you play in the accident/injury?)
• The type and extent of your physical injuries
• The claimant’s subjective, post-accident effects and damages 
• The cooperation and willingness of those responsible for the accident/injury to take responsibility for the situation
• And so on

Most Personal Injury Cases Are Settled Outside Of The Courtroom

In most cases, the value ascribed to a victim’s general damage claim is settled outside of the courtroom. The first step towards settlement is to file your case with the responsible party’s insurance company. The attorneys at Burneikis Law can assist victims with that process and see the claim all the way to resolution. Consulting with a personal injury attorney is the best way to ensure you are well-represented and not taken advantage of at any point during the negotiations or proceedings.

Learn More About General Damages Relevant To Your Case With Burneikis Law

Consulting with an experienced personal injury lawyer is always recommended whenever someone is injured in a car accident or other injury-related incident. Contact Burneikis Law Firm and take advantage of our free, 30-minute discovery calls. We can listen to your story, provide helpful information and next steps, and determine whether or not it makes sense to move forward with a personal injury lawsuit that includes compensation for general damages.