Legal Terms Explained: General Damages

In the realm of personal injury law, the term 'General Damages' holds significant importance. It refers to the compensation awarded to a plaintiff for the non-monetary damages incurred due to an injury caused by the negligence or unlawful act of another. This article aims to provide an in-depth understanding of general damages, its implications, calculation methods, and its role in personal injury cases.

Understanding the concept of general damages is crucial for both legal professionals and individuals involved in personal injury cases. It helps in assessing the compensation amount that a plaintiff can claim for the pain, suffering, and loss of enjoyment of life caused by the injury. This article will delve into the intricacies of general damages, providing a comprehensive understanding of this fundamental legal term.

Definition of General Damages

General damages, also known as non-economic damages, are compensation for the intangible losses that a plaintiff suffers due to an injury. These losses are not easily quantifiable and include pain and suffering, emotional distress, loss of companionship, and reduced quality of life.

Unlike special damages, which compensate for quantifiable losses like medical expenses and lost wages, general damages are subjective and vary from case to case. They are awarded to compensate for the negative impacts of an injury that are difficult to measure in monetary terms.

Components of General Damages

General damages encompass several components, each addressing a different aspect of the plaintiff's suffering. Pain and suffering, the most commonly known component, refers to the physical pain and emotional distress experienced by the plaintiff due to the injury. It also includes future pain and suffering if the injury is expected to cause long-term or permanent discomfort.

Loss of enjoyment of life, another component of general damages, compensates for the inability to enjoy daily activities and hobbies that the plaintiff could participate in before the injury. Similarly, loss of consortium or companionship compensates a spouse or family members for the loss of the plaintiff's companionship, affection, and assistance.

Importance of General Damages in Personal Injury Cases

General damages play a crucial role in personal injury cases as they acknowledge and compensate for the non-economic impacts of an injury. They recognize that an injury can cause more than just financial loss and can significantly affect a person's quality of life.

By awarding general damages, the legal system aims to restore the plaintiff to the position they would have been in if the injury had not occurred, as far as money can do so. While no amount of money can truly compensate for severe pain or loss of enjoyment of life, general damages provide some form of redress for these intangible losses.

Calculation of General Damages

Calculating general damages is a complex process due to the subjective nature of the losses they compensate for. Unlike special damages, there are no receipts or bills that can be used to determine the exact amount. Instead, several factors are considered, including the severity of the injury, the impact on the plaintiff's life, and the pain and suffering endured.

Legal professionals often use methods like the multiplier method or per diem method to calculate general damages. However, the final decision on the amount awarded lies with the jury or judge, who will consider the evidence presented and make a judgement based on their discretion.

The Multiplier Method

The multiplier method is a commonly used approach for calculating general damages. It involves multiplying the total special damages by a certain number, usually between 1.5 and 5, depending on the severity of the injury and the impact on the plaintiff's life.

The multiplier used can vary significantly from case to case. For example, a minor injury that does not significantly impact the plaintiff's life may warrant a lower multiplier, while a severe injury causing long-term disability may result in a higher multiplier.

The Per Diem Method

The per diem method, another approach to calculating general damages, assigns a certain dollar amount for each day the plaintiff suffers from the effects of the injury. The total general damages are then calculated by multiplying this daily rate by the number of days the plaintiff is expected to suffer.

This method requires a clear understanding of the daily impact of the injury on the plaintiff's life and can be more challenging to apply in cases where the plaintiff suffers from long-term or permanent injuries.

Claiming General Damages in Personal Injury Cases

Claiming general damages in personal injury cases requires a thorough understanding of the legal processes involved and the evidence required. It is crucial to accurately present the impact of the injury on the plaintiff's life to ensure a fair compensation.

While the process can be complex, having a knowledgeable legal professional by your side can significantly increase the chances of a successful claim. They can guide you through the process, help gather the necessary evidence, and represent your interests in court.

Evidence Required

Providing evidence is a critical part of claiming general damages. This can include medical reports detailing the severity of the injury, testimonies from mental health professionals about the emotional impact, and statements from family and friends about the changes in the plaintiff's lifestyle and behavior.

Photographs, personal diaries, and even social media posts can also be used to demonstrate the impact of the injury on the plaintiff's daily life. The more comprehensive and compelling the evidence, the higher the chances of a successful claim.

Role of Legal Professionals

Legal professionals play a vital role in claiming general damages in personal injury cases. They can help gather and present evidence, negotiate with insurance companies, and represent the plaintiff in court. Their expertise and experience can be invaluable in ensuring a fair and just compensation for the plaintiff.

Choosing the right legal professional is crucial. It is important to select someone who specializes in personal injury law and has a proven track record of successfully claiming general damages. They should be able to understand the nuances of your case and represent your interests effectively.

Conclusion

Understanding the concept of general damages is crucial for anyone involved in a personal injury case. These damages compensate for the intangible losses suffered by the plaintiff, acknowledging the pain, suffering, and loss of enjoyment of life caused by the injury.

While calculating and claiming general damages can be complex, having a knowledgeable legal professional by your side can significantly ease the process. By providing compelling evidence and effectively presenting your case, you can ensure a fair compensation for the non-economic impacts of your injury.

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