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The Difference Between Special Damages And General Damages Explained

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If you’ve been injured in Las Vegas, Nevada, it’s crucial to understand the types of compensation you may be entitled to. In personal injury claims, damages are typically divided into two categories: special damages and general damages

Special damages are compensation for specific, measurable losses, such as medical bills, lost wages, or property damage. These can be calculated with precise records and receipts. General damages, on the other hand, compensate for non-monetary losses like pain and suffering, emotional distress, or loss of enjoyment of life. These damages are more subjective and harder to quantify.

This blog explains the differences in more detail. 

Understanding Special Damages

Special damages, also known as economic damages, are monetary losses you can calculate exactly. These financial costs come directly from your accident or injury. Nevada law requires proof through documents and evidence to recover special damages.

When you file a claim, you should list all special damages that apply to your case:

  • Medical expenses, including hospital bills, medication costs, and rehabilitation fees
  • Lost wages and reduced ability to earn money
  • Property damage repair or replacement costs
  • Transportation costs for medical visits
  • Home changes needed for injuries
  • Future medical care costs
  • Job retraining costs
  • Medical equipment and devices you need

The main feature of special damages is that you can calculate them precisely. For example, if you needed surgery after a car crash, the exact cost would count as special damages. You need to track these expenses carefully to get full compensation.

What Are General Damages?

General damages, also known as non-economic damages, cover losses that don’t have a clear dollar value. These damages address how an injury affects your life and well-being.

When looking at your case, courts consider these types of general damages:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment in life
  • Loss of consortium
  • Lower quality of life
  • Mental anguish
  • Permanent disfigurement or disability
  • Damage to reputation
  • Loss of companionship
  • Sleep problems and anxiety

Nevada has damage caps regarding general damages, including: 

  • Medical malpractice: The cap for non-economic damages is $350,000. However, the cap will increase by $80,000 each year from 2024 to 2028, reaching $750,000.  
  • Government liability: The cap is $100,000 per claim. 

Unlike special damages, you can’t show receipts for general damages. You often need expert testimony and detailed records to prove their value. Courts look at how bad your injuries are, your long-term outlook, and how the injuries affect your daily life.

The Relationship Between Special and General Damages

Special damages and general damages often connect in personal injury claims. For instance, serious injuries that lead to high medical bills (special damages) usually mean significant pain and suffering (general damages).

Courts might use special damages to help figure out general damages, but there’s no set formula. The seriousness of your injuries and their lasting impact on your life help determine the final amount.

Calculating Damages

To calculate damages, you must think about both current and future effects. For special damages, you might need experts to estimate future medical costs and lost wages. This process includes:

  • Looking at medical records and treatment plans
  • Predicting future wage losses
  • Using life expectancy tables
  • Considering rising medical costs
  • Getting job experts’ opinions

This careful review helps ensure your claim includes all future expenses.

Documenting Your Damages

Good records are key to recovering both types of damages. For special damages, keep track of all money losses:

  • All medical bills and receipts
  • Pay stubs that show lost wages
  • Property repair estimates
  • Receipts for injury-related costs
  • Tax returns and work records
  • Letters from insurance companies

These documents prove your financial losses and make your claim stronger. For general damages, keep detailed records of non-financial effects:

  • A daily pain journal
  • Mental health treatment records
  • Photos of injuries
  • Statements from family and friends about life changes
  • Records of missed events
  • Personal statements about how the injury affects you

Good documentation of both types of damages helps you get fair compensation.

Understanding special damages and general damages matters when seeking compensation for your injuries. These calculations are complex and often need experienced legal help. If someone else’s carelessness hurt you, contact the team at De Castroverde Accident & Injury Lawyers. We will help you identify and document both your special and general damages to seek the compensation you deserve.

Contact Our Las Vegas Personal Injury Law Firm For Help Today

If you’ve been injured in Las Vegas, NV, and need legal help, contact our Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today. We have three locations in Nevada for your convenience, including Las Vegas, Summerlin, and Henderson

We’re proud to serve Clark County and the surrounding areas.

De Castroverde Accident & Injury Lawyers – Las Vegas Office
1149 S Maryland Pkwy, Las Vegas, NV 89104
(702) 222-9999

De Castroverde Accident & Injury Lawyers – Summerlin Office
410 S Rampart Blvd, Ste 480 Las Vegas, NV 89145
(702) 964-1806

De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV 89123
(702) 800-3455

Areas We Serve

At De Castroverde Accident & Injury Lawyers our personal injury attorneys serve the following localities: Angel Park, Anthem, Boulder City, Downtown Las Vegas, East Las Vegas, Gibson Springs, Green Valley, Henderson, Lake Las Vegas, MacDonald Ranch, McCullough Hills, Mission Hills, Paradise, Peccole Ranch, Queensridge, Reno, Seven Hills, Smoke Ranch, Spring Valley, Summerlin, The Lakes, The Strip, Whitney, and more.
We also represent accident victims in Oakland, CA.

About Our Firm

De Castroverde Accident & Injury Lawyers, located in Las Vegas, NV, is a personal injury law firm established over 30 years ago.
We have 100+ years of combined experience securing hundreds of millions for injured people throughout Nevada. If you’ve been injured due to someone else’s negligence, contact us today to discuss your case.

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