If you’ve been hurt in an accident, you may be dealing with more than just medical bills. Pain and suffering can affect your overall quality of life, as well as your bank account.
That’s why, when you connect with a personal injury lawyer in Charlotte, they’ll likely discuss different types of damages, including general damages. What are general damages in a personal injury case? They’re essentially compensation for the non-financial impacts of your injury, such as physical pain and emotional distress or changes to your lifestyle.
Types of Damages in Injury Claims
When you’re trying to make sense of the question of what constitutes general damages in a personal injury case, it helps to understand the different types of damages in injury claims. They are commonly grouped into three categories: economic or special damages, general damages, and punitive damages.
Economic or special damages are quantifiable and easier to calculate because they have direct costs. They include:
- Medical expenses
- Physical therapy and rehabilitation costs
- Lost income
- Property damage
- Future medical care costs
When you make your claim, you can prove these damages with receipts, pay stubs, and expert estimates.
In comparison, general damages are subjective. They focus on the human side of the injury, including the pain, suffering, and life changes.
Punitive damages may be available in limited circumstances under North Carolina law, such as cases involving fraud, malice, or willful or wanton conduct. However, most personal injury settlements focus on economic and general damages.
What Can You Include in a General Damages Claim?
One of the more complex aspects of personal injury settlements and general damages claims is that although the losses don’t come with a bill or receipt, and are therefore harder to prove, they are real. You can quantify your medical bills or lost wages with documentation, but general damages may be more subjective and harder to measure.
General damages in personal injury cases often include:
- Physical pain and discomfort, now and in the future, as well as discomfort from surgeries, therapy, and long-term conditions
- Emotional distress or anxiety, as accidents can lead to anxiety, depression, sleep issues, or even post-traumatic stress
- Loss of enjoyment of life, if you can’t do things you once loved, such as sports, hobbies, travel, or even daily activities
- Disfigurement or scarring, since visible scars or permanent changes to your appearance can affect confidence and social life
- Loss of consortium, or the strain and changes that the accident placed on your close relationships
Calculating General Damages in Personal Injury Lawsuits
In some cases, Personal Injury Protection (PIP) insurance may cover certain costs right away, regardless of who caused the accident. However, PIP typically focuses on medical bills and lost wages. That’s why many people pursue claims or lawsuits to recoup their non-economic losses, leading to the question of how general damages are calculated in lawsuits.
Insurance companies may use informal methods, such as multiplier or per diem approaches, when evaluating claims. The multiplier method adds up your economic damages (medical bills, lost income, etc.) and multiplies that total by a number, usually between 1.5 and 5.
The per diem method assigns a daily dollar amount to your suffering (often tied to your daily wage or a reasonable figure). It multiplies it by the period the plaintiff is expected to experience pain and suffering, based on medical evidence. For example, $100 a day for 365 days equals $36,500.
Courts and juries consider the evidence presented to determine appropriate damages.
How a Personal Injury Lawyer in Charlotte Can Answer “What Are General Damages in a Personal Injury Case?”
After an injury, individuals often must manage medical care, documentation, and communications with insurance companies. That’s why many people choose to consult a personal injury lawyer in Charlotte.
An experienced attorney can gather evidence, communicate with insurance companies, and explain your options under North Carolina law and rules. They can also advocate on your behalf, help develop supporting evidence, and represent you in court if necessary.
Without legal guidance, some people may have difficulty evaluating whether a settlement offer fully reflects their claimed losses. Professional guidance can help you better understand the process and your options during a difficult time.
If You Need Guidance, Talk to Yale Haymond Law PLLC About Your Personal Injury Today
If you’re facing a personal injury lawsuit, you probably have a long list of questions, including “What are general damages in a personal injury case?” For more information about types of damages, understanding compensation for pain and suffering, and to discuss your situation, contact Yale Haymond Law PLLC at (704) 800-4357.
