General Damages

General damages refer to the monetary award a court grants to an injured party in a personal injury lawsuit. Damages in law represent the financial compensation a plaintiff receives for losses caused by another party’s negligence. This guide focuses on general damages, what they are, how they are calculated, and how they differ from other forms of compensation in personal injury cases.

What Are General Damages in Law?

General damages are non-economic losses that result from a personal injury. General damages are subjective and difficult to calculate because they do not have a fixed dollar amount. They compensate for harm that cannot be measured by a receipt or invoice, such as physical pain, emotional distress, and loss of quality of life.

Unlike damages in law, which can include both economic and non-economic losses, general damages focus solely on the intangible impact of an injury. Courts and juries evaluate general damages based on the severity of the injury, the duration of the suffering, and the long-term effect on the plaintiff’s life. The subjective nature of general damages makes them one of the most contested categories of compensation in personal injury litigation.

How Are General Damages Calculated in Personal Injury Lawsuits?

General damages are calculated using 2 common methods in personal injury lawsuits. These methods are the multiplier method and the per diem method.

1. Multiplier Method — Multiply the total special damages (economic losses such as medical bills and lost wages) by a number between 1.5 and 5. The multiplier reflects the severity of the injury. More severe injuries receive higher multipliers.
2. Per Diem Method — Assign a daily dollar rate to the plaintiff’s pain and suffering. Multiply that rate by the number of days the plaintiff experienced the injury. A Stuart personal injury attorney can help determine which method produces a fair result based on the facts of the case.

Neither method is required by law. The final amount depends on the evidence presented and the judgment of an insurance adjuster, mediator, or jury.

What Is the Purpose of Monetary Awards in Lawsuits?

The primary purpose of monetary awards in lawsuits is to compensate an injured party for their losses. Monetary awards attempt to make the injured person “whole” again by restoring, as closely as possible, the position they were in before the injury occurred.

Monetary awards serve a restorative function. They do not punish the defendant in most civil cases. Instead, monetary awards address the real harm the plaintiff suffered and provide financial relief for losses that may continue long into the future. The purpose of monetary awards reinforces the principle that a person harmed by another’s negligence deserves to recover the compensation they are owed.

What Are General Damages in a Personal Injury Case?

General damages in a personal injury case are the compensation awarded for the non-monetary impact of an injury. General damages address losses that do not appear on a bill or a pay stub, such as physical pain, emotional distress, and the inability to enjoy life as the plaintiff did before the injury.

Personal injury cases involving serious injuries typically produce larger general damages awards. The non-monetary impact of an injury increases when the harm is permanent, disfiguring, or significantly alters the plaintiff’s daily life. General damages in a personal injury case require strong evidence and a clear presentation of how the injury has affected the plaintiff’s life beyond the financial costs.

What Is the Role of a Lawyer in Determining General Damages?

A lawyer’s role in determining general damages is to gather evidence and present a compelling argument to an insurance company or jury. The goal is to justify a fair amount for general damages based on the facts of the case. A Stuart car accident attorney builds a record that shows the full extent of the plaintiff’s non-economic losses.

Lawyers work to connect medical findings, personal testimony, and expert opinions to the daily reality of the plaintiff’s suffering. The strength of that connection directly affects the amount of general damages a plaintiff can pursue.

What Evidence Does a Lawyer Need to Support a Claim for General Damages?

A lawyer needs 3 primary types of evidence to support a claim for general damages. These are medical records, victim and witness testimony, and expert witness reports.

1. Medical Records

Medical records document the nature and severity of the injury. They form the foundation of any general damages claim.

• Diagnoses and treatment history
• Records of ongoing pain management
• Notes from treating physicians on long-term prognosis
• Hospital discharge summaries

2. Testimony From the Victim and Witnesses

Testimony provides a firsthand account of how the injury affects daily life. Witness testimony adds credibility to the plaintiff’s claims.

• Personal statements describing pain levels and limitations
• Accounts from family members on behavioral and lifestyle changes
• Statements from coworkers or friends on the plaintiff’s reduced capacity

3. Reports From Expert Witnesses

Expert witness reports provide professional analysis of the injury’s long-term impact. Experts translate medical and psychological findings into terms a jury understands.

• Reports from physicians on permanent impairment
• Psychological evaluations documenting emotional distress
• Vocational experts on loss of opportunity or earning capacity

What Are Examples of General Damages?

General damages are non-economic losses that result from a personal injury. They compensate for harm that is real but not reflected in a dollar amount. A personal injury attorney handles the 8 most common types of general damages listed below.

1. Physical Pain and Suffering

Physical pain and suffering refers to the actual bodily discomfort caused by an injury. Physical pain is one of the most recognized forms of general damages in personal injury cases.

• Chronic pain resulting from broken bones, nerve damage, or soft tissue injuries
• Post-surgical pain and recovery discomfort
• Pain that limits the plaintiff’s ability to sleep, walk, or perform daily activities
• Ongoing physical therapy required to manage persistent pain

2. Mental Anguish

Mental anguish refers to the psychological suffering caused by a traumatic injury. Mental anguish damages compensate for the emotional toll an injury takes on a person’s mental health.

• Anxiety and depression diagnosed after the accident
• Post-traumatic stress disorder (PTSD) stemming from the event
• Fear of driving or using the space where the injury occurred
• Nightmares, flashbacks, and emotional instability

3. Loss of Enjoyment of Life

Loss of enjoyment of life refers to the reduction in a plaintiff’s ability to participate in activities they valued before the injury. Loss of enjoyment damages compensate for the diminished quality of life caused by the injury.

• Inability to participate in hobbies such as hiking, sports, or gardening
• Loss of the ability to care for children or grandchildren
• Reduced capacity to travel, socialize, or engage in recreational activities
• Permanent changes to the plaintiff’s lifestyle and daily routine

4. Disfigurement

Disfigurement refers to permanent physical changes to the plaintiff’s body caused by the injury. Disfigurement damages address both the physical and psychological impact of visible scarring or deformity.

• Facial scarring from lacerations or burns
• Amputation or permanent loss of a limb
• Permanent visible scarring across the body
• Reconstructive surgery that does not fully restore appearance

5. Loss of Consortium

Loss of consortium refers to the damage an injury causes to the plaintiff’s relationship with their spouse or family. Loss of consortium damages compensate a spouse or family member for the loss of companionship, support, and intimacy.

• Loss of emotional support and companionship from a spouse
• Reduction in the ability to maintain a normal marital relationship
• Impact on the family unit caused by the plaintiff’s changed condition
• Loss of parental guidance and care for dependent children

6. Emotional Distress

Emotional distress refers to the severe psychological impact of an injury or traumatic event. Emotional distress damages are awarded when the psychological harm is substantial and documented.

• Diagnosed anxiety disorders resulting from the accident
• Depression requiring medication and ongoing therapy
• Emotional instability affecting work performance and personal relationships
• Psychological trauma that interferes with the plaintiff’s ability to function

7. Loss of Opportunity

Loss of opportunity refers to the plaintiff’s inability to pursue career advancement, education, or personal goals because of the injury. Loss of opportunity damages address the future potential the injury takes away.

• Inability to pursue a promotion or career change due to physical limitations
• Lost educational opportunities caused by extended recovery
• Reduced ability to develop professional skills or advance in a chosen field
• Foreclosed business opportunities directly tied to the injury’s limitations

8. Severity and Permanence of the Injury

Severity and permanence of the injury reflects how serious and lasting the harm is. Courts and juries weigh the severity and permanence of the injury when calculating general damages.

• Permanent disability that limits daily function for the rest of the plaintiff’s life
• Injuries requiring lifelong medical monitoring or treatment
• Conditions that progressively worsen due to the initial injury
• Catastrophic injuries such as traumatic brain injury (TBI) or spinal cord damage

What Is the Difference Between General Damages and Special Damages?

General damages and special damages are 2 distinct categories of compensation in personal injury law. General damages compensate for non-economic losses that are subjective and difficult to quantify. Special damages compensate for economic losses that are concrete and verifiable.

Special damages include items such as medical bills, lost wages, and property repair costs. These amounts are documented with receipts, invoices, and pay records. General damages, by contrast, include pain and suffering, emotional distress, and loss of enjoyment of life. These amounts require the testimony of the plaintiff, witnesses, and experts to establish their value.

The key differences between general damages and special damages are listed below.

• Calculability — Special damages have a fixed dollar amount. General damages require estimation.
• Documentation — Special damages are proven with financial records. General damages rely on personal testimony and medical opinion.
• Scope — Special damages cover past and future economic losses. General damages cover the full non-economic impact of the injury.
• Subjectivity — Special damages are objective. General damages depend on the jury’s perception of the plaintiff’s suffering.

A personal injury attorney handles both categories of damages and works to recover fair compensation for each.

Are General Damages and Special Damages Types of Compensatory Damages?

Yes. General damages and special damages are both types of compensatory damages. Compensatory damages are the category of monetary awards designed to compensate an injured plaintiff for actual losses.

Compensatory damages consist of 2 components. The first component is special damages, which cover economic losses. The second component is general damages, which cover non-economic losses. Together, compensatory damages aim to restore the plaintiff to the position they held before the injury. The total value of a compensatory damages award reflects both the financial harm and the personal harm caused by the defendant’s negligence.

What Are the Types of General Damages in Civil Cases?

General damages in civil cases fall into 5 recognized categories. These categories define the scope of non-economic and punitive relief available to plaintiffs in different types of civil actions. A personal injury attorney determines which category applies to the facts of the case.

1. Compensatory Damages

Compensatory damages are intended to reimburse the plaintiff for actual losses suffered due to the defendant’s actions. Compensatory damages aim to make the injured party “whole” again.

• Cover direct losses such as medical bills and lost wages
• Include both economic and non-economic losses
• Represent the most common type of damages awarded in civil cases

2. Nominal Damages

Nominal damages are a small symbolic award granted when a legal right is violated but no measurable harm is proven. Nominal damages acknowledge the violation without providing substantial financial relief.

• Typically awarded in amounts such as $1
• Apply in cases where the plaintiff proves a legal wrong but cannot show financial injury
• Serve as a legal recognition that the defendant acted improperly

3. Exemplary and Corrective Damages

Exemplary and corrective damages, also known as punitive damages, are awarded to punish a defendant for egregious or malicious conduct. Exemplary damages go beyond compensating the plaintiff.

• Apply when the defendant’s conduct is willful, wanton, or reckless
• Designed to deter similar conduct by the defendant and others
• Subject to limitations under Florida law, including the caps established under Chapter 768 of the Florida Statutes

4. Moral Damages

Moral damages are awarded for harm to a person’s dignity, reputation, or emotional wellbeing. Moral damages compensate for injury that is personal and psychological rather than financial.

• Include harm to personal honor or social standing
• Address psychological suffering caused by defamation, discrimination, or abuse
• Recognized in civil law systems and increasingly acknowledged in U.S. personal injury contexts

5. Temperate Damages

Temperate damages are awarded when a court determines that some harm occurred but the plaintiff cannot prove a precise amount. Temperate damages provide a reasonable award based on available evidence.

• Apply when the existence of harm is clear but its exact value cannot be established
• Allow courts to award a fair amount rather than denying relief entirely
• Reflect the court’s judgment on a reasonable valuation of the unquantified harm