What Are General Damages?
General damages refer to compensation awarded in personal injury cases for non-economic losses that are not easily quantifiable. Unlike economic damages, which cover measurable costs like medical bills and lost wages, general damages address the emotional, physical, and psychological impact of an injury on the victim’s life.
Types of General Damages
- Pain and Suffering: Compensation for physical discomfort, chronic pain, or severe injuries affecting daily life.
- Emotional Distress: Addresses anxiety, depression, PTSD, or other mental health issues caused by the injury.
- Loss of Enjoyment of Life: Covers the inability to participate in hobbies, relationships, or other activities the victim once enjoyed.
- Loss of Consortium: Provides compensation to a spouse or family member for loss of companionship or intimacy.
Factors That Influence General Damages
- Severity of the Injury: More severe injuries often result in higher compensation due to their greater impact on the victim’s life.
- Duration of Suffering: Chronic or long-term conditions typically warrant larger general damage awards.
- Victim’s Age and Lifestyle: Younger victims or those with active lifestyles may experience greater losses.
- Jury or Jurisdiction: Local laws and jury perceptions can affect the calculation and award of general damages.
How Are General Damages Calculated?
- Multiplier Method: The total economic damages are multiplied by a factor (usually between 1.5 and 5) to estimate general damages, with higher factors applied to more severe injuries.
- Per Diem Method: A daily rate is assigned to the victim’s suffering and multiplied by the number of days the injury has impacted their life.
Legal Importance of General Damages
General damages recognize the intangible but significant impact of an injury on a person’s life. They ensure victims are compensated for the emotional and psychological toll of their experiences, alongside tangible financial losses. Working with an experienced personal injury attorney can help maximize these damages by presenting compelling evidence of the injury’s impact.
General damages are a vital component of personal injury claims, offering victims the opportunity to seek justice for losses that go beyond monetary expenses.
