What is the difference between general damages and special damages?
The difference between general damages and special damages relates to the specific types of compensation that an individual may be entitled to receive after experiencing an accident in Colorado. General damages are damages that are typically harder to calculate and are awarded to compensate the plaintiff for more abstract losses caused by the accident, such as pain and suffering, mental anguish, and other intangible losses. Special damages are damages that are easier to quantify as they relate to financial losses, such as medical expenses, lost wages, loss of earning capacity, and other similar costs. In Colorado, the court will first look to establish the at-fault party before calculating general damages. The court may use evidence from medical professionals, employers, or even the victim to determine how the accident has affected the plaintiff. The court may also consider factors such as the plaintiff’s age, health, and occupation. The court will then assess a monetary figure to compensate the plaintiff for the pain and suffering caused by the accident. In comparison, special damages are damages that are paid to compensate for the financial losses associated with the accident. Special damages are based on tangible evidence, such as medical bills, receipts, and invoices for services related to the accident. On top of this, the court may also consider lost wages and the loss of earning capacity due to the accident. In summary, general damages are awarded to compensate an individual for intangible losses, such as pain and suffering, while special damages are given to make up for financial losses caused by the accident.
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