What are Damages in a Personal Injury Case?
Attorney Michael Grossman Discusses
The potential value of any
Texas personal injury case or lawsuit is ultimately based on the amount of damages that the plaintiff has amassed. In legal terms, the word "damages" refers to money claimed by, or ordered to be paid to a person as compensation for injury or loss. The State of Texas recognizes two distinct types of damages in a personal injury case:
General Damages and
Special damages.
General Damages, otherwise referred to as non-economic damages, are any type of damages that do not have a tangible value associated with them. General damages are much more subjective and vary from situation to situation
in the way that they are quantified.
Some examples of General Damages are:
- Pain and Suffering
- Mental Anguish
- Physical Impairment
- Loss of Consortium
- Emotional Suffering
- Inconvenience
- Injury to Reputation
- Disfigurement
For an example of the subjectivity of general damages, imagine that an
industrial accident has occurred, whereby a factory exploded. In this
explosion there were two victims, both of which were badly burned in
the ensuing fire. Plaintiff 1 was knocked unconscious in the blast, and
although he suffered significant burns, he was not not awake and alert
to experience the pain. However, plaintiff 2 was just as badly burned,
but was fully alert and experienced the full and terrible pain
associated with the burn.
While both of these victims may end up with
similar medical expenses and so forth, they each experienced a
different amount of pain and suffering, and the damages they are
entitled to would be different.
Furthermore, general damages are
subjective in the sense that every person experiences and is effected
differently by the above mentioned damages. For example, an 18-year-old
cheerleader who has a small scar on her face as a result of an injury,
may be considerably more affected by the disfigurement than a
30-year-old fire fighter may be. Some people do not care what others
think, and some people depend largely on their reputation, which would
make damage to that reputation a significant event.
Special Damages , otherwise known as economic damages, are any variety
of damages that have an explicitly quantifiable dollar amount.
Some examples of Special Damages are:
- Lost Wages
- Medical Expenses both past and future
- Property Damage
- Court Costs
- Loss of Earning Capacity
For an example of special damages, imagine that a plaintiff who worked
as an electrician or lineman making $60,000, yet he lost his ability to
work after an 18-wheeler accident caused the loss of one of his legs.
Naturally, he can no longer continue his work climbing electrical
poles, and as such, he would lose his income over his remaining 20
years of expected employment. Therefore, he has at least $1.2 million in damages
as a result of his loss of earning capacity, not to mention his other
damages such as medical expenses and so forth.
One of the defining characteristics of a good personal injury or
wrongful death attorney is that
attorney's ability to properly account for, and quantify ALL of, the
damages that you are entitled to be compensated for. Our Dallas personal
injury attorneys thoroughly evaluate every case in order to maximize
the case's potential value.
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Questions answered on this page:
What damages can I sue for in Texas?
What is the difference between general damages and special damages?
What are general damages?
What are special damages?
How do damages effect a personal injury case?
What are damages?