What is the difference between general damages and special damages?

General damages and special damages are two different types of damages that are sought in a civil lawsuit arising from an accident. General damages are non-monetary losses and are paid to compensate the victim for physical pain and suffering, emotional distress, and other intangible losses resulting from the accident. Special damages, on the other hand, are monetary losses and are paid to compensate the victim for out-of-pocket expenses such as medical bills, lost wages, and/or property damage stemming from the accident. In Texas, the law requires an injured person to prove both types of damages in order to recover compensation for their losses. General damages must be proved by providing evidence of the psychological or physical effects of an accident, such as medical records or expert testimonies. Similarly, special damages must be proven by providing receipts and other evidence of the financial effects of an accident. The main difference between general and special damages is that general damages are intangible losses and special damages are out-of-pocket losses. General damages are more difficult to prove because they are subjective, while special damages are relatively straightforward to prove as they are based on objective evidence. In addition, general damages usually require the evaluation of a jury, while special damages are normally decided by an insurance company or by a judge.

Related FAQs

How can I prove the other party's negligence in a personal injury claim?
What should I look for when selecting a personal injury lawyer?
What is an affidavit of merit?
What is a liability waiver?
What are the damages recoverable in a personal injury case?
What is a settlement offer?
Can I recover punitive damages in a personal injury claim?
How long do I have to file a lawsuit over an accident?
What is a statute of repose?
How long does it take to settle a personal injury case?

What is the difference between general damages and special damages?

Related FAQs

Related Blog Posts