Cogburn Davidson Car Accident & Personal Injury Lawyers | February 13, 2025 | Personal Injury

The Difference Between Special Damages and General Damages Explained

The distinction between special and general damages can be summarized as follows: special damages refer to economic (monetary) damages, while general damages pertain to non-economic (personal) damages. If you’re unfamiliar with these terms, this article will provide a clear explanation of their meanings and applications.

What are Special Damages?

Special damages, or economic damages, can be identified by asking a straightforward question: Can the amount be quantified? If the damages can be calculated or measured in monetary terms, they likely fall under the category of special damages. Below are some common examples:

  • Medical bills: These include all costs related to your medical treatment, such as hospital bills, doctor visits, surgeries, prescription medications, and medical equipment. Keeping detailed and accurate records is crucial, as underclaiming could leave you personally responsible for unpaid medical expenses.  
  • Lost earnings: If your injuries caused you to miss work, you can claim the income you would have earned during that time. Employees can typically substantiate this with employer-provided documentation, while self-employed individuals should rely on meticulous financial records to prove their losses.
  • Lost earning capacity: Long-term injuries that impact your ability to work can result in significant financial losses. Whether you are forced to retire early, change careers, or take a less demanding role, these scenarios can affect your future earning potential. Calculating such losses often requires the assistance of an expert witness to ensure accuracy.
  • Out-of-pocket expenses: Any costs incurred directly due to your injuries may qualify as out-of-pocket expenses. These might include child care, housekeeping services, transportation, medical equipment, and more. Retain all receipts and documentation to support your claim.

Special damages play a crucial role in compensating for the measurable, tangible losses you suffer due to an injury. Accurate documentation and, when necessary, the assistance of experts are essential to securing the full compensation you deserve. 

What are General Damages?

Special damages are tangible and countable, but general damages are personal, intangible, and virtually impossible to count. Here are some examples:

  • Pain and suffering: This category of damages encompasses both physical pain and emotional anguish resulting from your injuries, such as depression, PTSD, or other forms of mental distress. These damages are often significant, potentially amounting to two to five times the value of your medical expenses, making it essential not to overlook them in your claim.
  • Emotional distress: While closely related to mental anguish, emotional distress covers a broader spectrum of psychological harm. It may include fear, shock, anxiety, sadness, anger, humiliation, embarrassment, grief, and loss of self-esteem. Although the distinction between mental anguish and emotional distress can be debated, both can significantly impact your quality of life and are vital components of general damages.
  • Loss of enjoyment of life: This type of damage reflects the diminished ability to participate in activities and hobbies that once brought you joy. For instance, if an injury prevents you from enjoying activities like going to the gym, traveling, or spending time on a beloved hobby, you may be entitled to compensation for this loss.
  • Disfigurement: Disfigurement includes permanent physical changes, such as severe scarring or deformities, that result from an injury. These damages recognize the lasting disadvantages and emotional challenges that come with visible alterations to one’s appearance, such as facial scarring or loss of a limb.

General damages address the deeply personal, intangible losses that cannot be easily quantified but have a profound impact on your quality of life. While challenging to calculate, they play a vital role in achieving a comprehensive and just resolution to your case.

Personal injury claims, whether resolved through settlement or litigation, are not about “winning” or “losing.” The focus is on ensuring you receive fair compensation that fully accounts for your losses. Without proper legal representation, you may underestimate the value of your claim and risk receiving less than you deserve.

For more information, please contact our Las Vegas personal injury attorneys at Cogburn Davidson Car Accident & Personal Injury Lawyers to schedule a free consultation today.

We proudly serve Clark County and throughout Nevada:

Cogburn Davidson Car Accident & Personal Injury Lawyers Las Vegas
2300 W Sahara Ave Suite 800-816, Las Vegas, NV 89102
(702) 706-7893
Open 24 hours

Cogburn Davidson Car Accident & Personal Injury Lawyers Henderson
2580 St Rose Pkwy Suite 330, Henderson, NV 89074
(702) 541-9766
Open 24 hours