When you are considering whether or not to pursue a personal injury claim, you will likely be wondering how much you stand to recover if your lawsuit is successful.
While every case is different, it is important to understand the basic categories of damages you may recover.
We also recommend that you call a Sarasota area personal injury attorney as soon as possible, in order to benefit from professional expertise before spending too much time or money.
General Damages and Special Damages
Damages are a financial remedy paid to a claimant as compensation for loss or injury. To claim financial compensation, the claimant must prove that some breach of duty has caused damage to their personal property, or resulted in mental or physical injury.
There are two basic types of compensation, known as general damages and special damages. Both may be recovered in a personal injury case, whether it involves negligence or product liability.
General Damages: This compensation is directly attributed to the defendant’s wrongful behavior. In other words, there is a clear link between the defendant’s action and the plaintiff’s injury. Whether or not the defendant could foresee the extent of the injury is generally not a factor in computing compensation. For instance, imagine you are hit by an at-fault driver at low speed, but the impact aggravated a prior back injury and caused severe harm. You are entitled to full compensation for the more serious medical issue, even if the same accident may have caused minimal injury to any other party.
Calculating the precise amount of general damages for compensation is difficult, as it requires assigning a dollar value to a subjective injury. Categories which fall under general damages include pain, suffering, and mental anguish; physical impairment or disfigurement; or diminished quality of life.
Special Damages: This category of compensation provides financial recompense to the injured claimant, reflecting losses resulting from the defendant’s actions. Special damages are out-of-pocket expenses that can be calculated by totaling the plaintiff’s quantifiable financial losses. However, these losses or expenses must be proven with specificity – for instance, the value of the totaled car or the bill for the surgery.
While general damages require subjective calculation, many special damages are easier to determine. This is because an exact dollar amount has been expended. If a negligent driver hops the curb and knocks down a fence, and the fence cost $2,000 -the defendant is liable for special damages of $2,000.
The cost of future medical care or compensation for future lost wages also falls under this category/ While the process of determining the correct dollar amount is a little less exact, expert witnesses are helpful in determining the appropriate financial compensation for these circumstances.
Can You Claim Both Special Damages and General Damages?
In a personal injury claim or lawsuit, a plaintiff will often seek both categories of compensation simultaneously after a car accident. For instance, they may pursue claims for actual medical bills, as well as for the emotional pain and suffering caused by the accident.
The best way to determine if you have a valid personal injury case – as well as to assess your likelihood of recovering a monetary reward – is to speak to a personal injury attorney. The team at Probinsky & Cole can evaluate your situation, provide advice as to collecting evidence and records which will support your claims, and advise you as to the best course of action. We will negotiate with the insurance companies, and counsel you in regards to taking a settlement or pursuing a lawsuit.
After an accident or injury, you shouldn’t have to go it alone. Call us today in Sarasota, Tampa oir Orlando to learn more about your options.
