In the legal context, “damages” refer to the monetary compensation awarded to a person who has suffered loss or injury due to the unlawful act or negligence of another party. Damages can be financial or non-financial (e.g., general damages) in nature. They are designed to restore the injured party, as much as possible, to the position they would have been in if the harm had not occurred.
General damages in personal injury claims pertain to non-economic or non-monetary damages. These losses are not easily quantifiable as they involve subjective assessments and relate to the suffering and hardships endured by the victim due to the injury. They are intended to compensate for the negative impacts that don’t have a clear monetary value associated with them.
Here are some examples of general damages in personal injury law:
Proving general damages in personal injury claims can be more challenging than proving economic damages, as they are subjective and do not have a direct economic value. To prove general damages, claimants will need to provide evidence, such as:
Remember that while general damages are intangible, they are still a critical component of a personal injury claim. Although convincingly proving general damages can be challenging, legal guidance from an experienced personal injury attorney can be invaluable in this process.
Calculating general damages in personal injury claims involves considering the nature, severity, and long-term implications of the injury. Here are some commonly used methods for estimating these damages:
It’s important to remember that each case is unique and may require a combination of these methods to accurately calculate general damages. Consulting with a personal injury attorney can provide much-needed guidance and expertise in this complex process.
Yes, some states do impose caps on general damages in personal injury cases. In the state of Texas, for instance, there are limitations on non-economic damages in specific types of personal injury cases. The most notable cap is in medical malpractice cases.
As per the Texas Civil Practice and Remedies Code, in medical malpractice lawsuits, the non-economic damages are capped at $250,000 per claimant against a single health care institution or practitioner, and $500,000 against multiple institutions or practitioners.
However, it’s essential to note that these caps are controversial and have been subject to legal challenges. Therefore, it is crucial to consult with a legal expert to understand the current laws and how they may affect a personal injury claim in Texas.
Thompson Law, with its expert team of personal injury attorneys, is equipped to assist you in deciphering the complexities of personal injury claims and general damages. Our attorneys will meticulously examine the specifics of your case, factoring in all the physical, emotional, and lifestyle impacts of your injury.
By helping you gather the necessary documentary evidence, and coordinating with medical experts and therapists to provide testimony, we’ll strengthen your claim for general damages. Additionally, our team will offer guidance about the most appropriate method for calculating your damages, be it the Pain Multiplier or the Per Diem method, tailored to your individual circumstances.
If your case is in a state with limitations on non-economic damages, we will clearly explain these restrictions and devise a strategy that best positions your claim within the existing legal framework. Further, our attorneys can help you understand if your claim qualifies for the other types of damages, such as special damages and punitive damages. Trust Thompson Law to fight for your right to just and fair compensation.
If you’ve been harmed by someone else’s negligent actions, contact Thompson Law today for a FREE CASE REVIEW. Our law firm will help you understand what damages you may be able to claim, and guide you through the personal injury claims process.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.