General damages are subjective. There’s no fixed formula to determine the exact amount you deserve. It depends on the severity of your injuries, the long-term impact on your life, and the specific details of your case. Since calculating damages can be tricky, it’s wise to get help to calculate damages from a lawyer to ensure you get a fair settlement.
This blog post will break down what damages are, the different types you can claim after an accident, and how a lawyer can help you navigate the process of getting the maximum compensation you deserve.
Table of Contents
What Are Damages Anyway?
Imagine a car accident like a broken vase. It wasn’t your fault, and now you’re left with a mess to clean up. That mess represents the “damages” you’ve suffered. In legal terms, damages are the losses you experience due to someone else’s negligence.
There are two main categories of damages in car accident claims:
- Special Damages: These are the concrete, out-of-pocket expenses you incur because of the accident. Think medical bills, car repairs, lost wages, and even rental car costs. These damages are usually easier to calculate because you have receipts and bills.
- General Damages: This is where things get a little less straightforward. General damages are compensation for the pain, suffering, and emotional distress caused by the accident. They’re tougher to put a price tag on because they involve intangible experiences.
In this article, our primary focus will be general damages.
The Damages You’re Entitled to in a Car Accident
Here are some common examples of general damages that you are entitled to as a car accident victim:
Pain and Suffering
This covers the physical discomfort and pain you experience due to your injuries. It can range from mild aches to chronic pain depending on the severity of your injuries.
Mental and Emotional Distress
Accidents can be traumatic for the victim. Anxiety, depression, fear of driving, and even post-traumatic stress disorder (PTSD) are all valid experiences that can be compensated for under general damages.
Loss of Enjoyment of Life
Maybe you used to love going for hikes, but now your injuries make it too painful. General damages can compensate you for the activities you can no longer enjoy due to the accident.
Loss of Consortium
This applies if your injuries impact your relationships with loved ones. For example, if the accident affects your ability to be physically intimate with your partner or participate in family activities, you might be entitled to compensation for this loss.
Permanent Scars
If the accident leaves you with permanent scars or other visible injuries that impact your self-esteem or social life, general damages can help account for this.
A Lawyer Can Help You Get Maximum Compensation
A lawyer will take the time to listen to your story, not just the facts of the accident. They’ll want to understand the emotional toll the accident has taken on you, the impact on your daily life, and how your injuries might affect your future. This allows them to build a strong case that reflects the true cost of what you’ve been through.
There might be expenses you haven’t even considered yet. A lawyer can help identify all the potential losses you’ve incurred, from future medical needs to the cost of therapy or the inability to work in your chosen field because of your injuries.
Also, insurance companies often try to downplay the value of your claim, especially when it comes to general damages. A lawyer knows how to negotiate aggressively and won’t back down from a fight to get you the compensation you deserve.
We know legal fees might be a concern. But here’s the good news: many personal injury lawyers work on a contingency basis. This means you don’t pay anything upfront, and their fees are only a percentage of the total settlement you receive if they win your case.
The legal process can be stressful, it’s too much to take on by yourself. With a competent lawyer by your side, you can focus on your recovery. They’ll handle the paperwork, negotiations, and court appearances, freeing you up to heal and move forward.
