The Difference Between Special Damages and General Damages

If you are hurt because of someone else’s actions in Lancaster, Pennsylvania, you may be able to seek money for your losses. In a personal injury case, these losses are often called damages. Two important types are special damages and general damages.

Understanding the difference can help you see what your personal injury claim may include. Both types of damages can play an important role in helping an injured person recover after an accident.

What Are Special Damages?

Special damages are tied to financial losses caused by an injury. Because these losses have a dollar amount, they are often easier to calculate than general damages. Records such as medical bills, pay stubs, repair estimates, and receipts can help prove them.

Common examples of special damages include:

  • Medical bills and hospital costs
  • Lost wages
  • Future medical expenses
  • Reduced earning ability
  • Rehabilitation and therapy costs
  • Certain property damage

Keeping good records after an accident can make it easier to show how much money you have lost. An attorney can also review your records and identify expenses that may be part of your claim.

What Are General Damages?

General damages compensate an injured person for losses that do not have a simple dollar value. They focus on how an injury has affected the person’s physical and emotional well-being.

Examples may include physical pain, emotional distress, loss of enjoyment of life, and certain permanent effects of an injury. Pennsylvania courts have long recognized pain and suffering as a compensable type of harm.

Because these losses do not come with receipts, their value may depend on the facts of each case.

How Are Special and General Damages Proven?

Proving special damages often starts with documents. Medical invoices can show treatment costs, while wage records can show income lost because an injury kept someone from working.

General damages require different evidence. Medical records may show the seriousness of an injury and how long symptoms lasted. Testimony from the injured person may explain how pain has affected daily activities, sleep, hobbies, or family life. Family members and others may also have useful information.

What Can Affect the Value of Damages?

No two personal injury cases are exactly alike. The value of damages depends on the evidence and the effects of the injury. A short-term injury with limited medical care may result in different damages than a permanent injury requiring years of treatment.

Factors that may affect damages include the severity of the injury, the length of recovery, medical expenses, time missed from work, and whether the person has lasting limitations.

Fault can matter too. Under Pennsylvania’s comparative negligence law, an injured person’s damages may be reduced according to their percentage of fault, provided their negligence is not greater than the defendant’s causal negligence.

Why Is It Important to Calculate All Your Damages?

An injury can create costs that are easy to overlook. For example, a person may focus on current hospital bills but forget about future therapy or income they could lose during recovery. The effects of pain and reduced quality of life should also be considered when appropriate.

It is important to identify both special and general damages before resolving a claim. Once a case is settled, an injured person generally cannot return later and ask the same defendant for additional compensation for losses that were missed.

Timing is also important. Pennsylvania law generally provides a two-year limitations period for personal injury actions, although exceptions and different deadlines can apply.

Contact the Lancaster Personal Injury Attorneys at Marzzacco Niven & Associates for Help Today

If you were injured in Lancaster because of another person’s negligence, you may have questions about what your case is worth. Special and general damages can cover different parts of the harm caused by an accident, so identifying the full extent of your losses is important.

At Marzzacco Niven & Associates, we can review your accident, explain your legal options, and help determine which damages may apply to your claim. Contact us today to discuss your personal injury case and learn more about your rights under Pennsylvania law.

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