What Are General Damages in Personal Injury Cases?

Damages are awarded in a personal injury case to compensate the injured victim for the harm and losses caused by another party’s negligence or wrongful act. In Texas, damages include monetary and non-monetary losses. Examples of financial or economic damages include lost wages, out-of-pocket expenses, and medical bills.

Non-monetary damages or general damages compensate victims for their pain and suffering. These non-economic damages are difficult to quantify because many factors impact a person’s pain and suffering.

General damages do not have a clear monetary value. However, a person deserves to be fairly compensated for the pain, suffering, and hardships caused by an accident or personal injury.

Examples of General Damages in a Texas Personal Injury Case

Examples of General Damages in a Texas Personal Injury Case

Non-economic or general damages fall into one of several categories. Examples of general damages for a personal injury claim include:

  • Emotional distress: Injuries can lead to depression, PTSD, anxiety, stress, and other psychological conditions.
  • Mental anguish: The trauma of being in an accident, sustaining an injury, and receiving medical treatments can result in extreme mental harm.
  • Physical pain: Injuries and the medical treatments required to treat injuries cause various pain levels. Pain may be chronic, resulting in long-term harm.
  • Scarring and disfigurement: Injuries often result in disfigurement and scarring. A person may experience numerous consequences, including grief, embarrassment, and physical pain.
  • Loss of enjoyment of life and quality of life: Injuries may result in life-altering impairments that prevent the person from enjoying their ordinary activities, hobbies, and work. The impairment may negatively impact their lifestyle and overall well-being, decreasing their enjoyment and quality of life.
  • Inconvenience: General damages include compensation for the inconvenience and disruption to a person’s daily routines.
  • Loss of consortium: This claim is filed by a spouse when their partner’s injuries negatively impact their marital relationship, causing loss of companionship, love, affection, support, and more.

Each person’s experience is unique. Therefore, you may have additional general damages, or your damages may not include all of the above categories.

Proving General Damages for a Personal Injury Case in Fort Worth, TX

The injured party has the burden of proof in a personal injury case. You must prove that the other party caused your injuries before recovering damages. You must also prove you sustained the damages to receive compensation.

Evidence used to prove general damages includes, but is not limited to:

  • Photographs of your injuries showing the severity of the injury and the progression of your healing. “Seeing” the injury helps jurors understand the magnitude of the pain and suffering you experienced.
  • Medical records are crucial for a personal injury claim. They document the physical harm caused by a party’s negligence. Always seek immediate medical care after an injury or accident.
  • Personal journals detail your struggle to recover from your injuries. A pain and suffering journal should include your emotional state, daily pain levels, and activities you could not perform.
  • Psychiatric records document your emotional suffering, including psychological diagnosis of conditions caused by the accident, including PTSD, anxiety, and depression. The records help establish the mental impact of your injuries.
  • Expert witnesses explain how your injuries cause pain and the expected pain levels people experience because of specific injuries. Experts also explain what is involved in the required medical treatments. An expert helps jurors understand how your injuries will impact your life now and in the future.
  • Friends and family members provide additional information about how your injuries have impacted your daily life and relationships with people in your life.

General damages are subjective. Therefore, a person’s pain and suffering differ from another person, even though they may have the same injury. We must analyze all factors in your case to determine the extent and severity of the non-economic harm caused by a personal injury or accident.

Factors Impacting the Value of General Damages in a Personal Injury Case

Numerous factors impact the value of general damages. Examples of factors we use when determining how much general damages are worth include:

  • The type of injuries you sustained
  • Whether your injuries caused permanent impairments or disabilities
  • The severity of disabilities and impairments
  • Your appearance before and after the accident (i.e., scarring and disfigurement)
  • Whether you can return to work or perform any gainful activity to earn income
  • How your injuries impact your ability to perform daily activities
  • The impact your injuries have on your relationships with family and friends
  • Whether you were diagnosed with psychological conditions because of the accident or injuries

Generally, the value of general damages increases as the negative impact on your life increases. Catastrophic injuries and permanent impairments usually increase the value of non-economic damages.

Methods of Calculating How Much Your General Damages Are Worth

Putting a price on pain and suffering is impossible. However, that must happen for a victim to receive compensation for non-economic damages.

Texas does not have a standard formula for calculating general damages. However, two methods commonly used to determine the value of non-economic damages are:

Using a Multiplier

The multiplier method assigns a number between 1 and give (the multiplier) based on the factors involved in the case. As the severity and impact of the injury increases, the multiplier increases. For example, total paralysis may result in a multiplier of five, while a minor injury that heals in a few weeks without lasting impairment may result in a lower multiplier.

We multiply the economic damages by the multiplier to obtain the value of general damages. Therefore, if the multiplier in your case is three and your economic damages total $100,000, your general damages would be worth $300,000.

Per Diem

The per diem method assigns a daily value for general damages based on the factors of the case. You multiply the pier diem by the recovery period to determine the value of general damages.

Your recovery period begins with the injury date and ends when you reach maximum medical recovery. The date of maximum medical recovery is when your doctor states that you have fully recovered or additional medical treatment is not expected to improve your condition any further.

Does Contributory Fault Apply to General Damages?

Texas uses a modified comparative fault standard instead of contributory fault. Under the proportionate responsibility statute, a victim is barred from recovering damages if they are more than 50% to blame for causing their injuries. Therefore, if a jury decides you are 55% at fault for causing your car crash, you cannot recover damages.

If your fault is less than 50 percent, you can recover damages. For instance, if a jury determines your level of fault for the car crash is 15 percent, the judge reduces your damages by that amount.

An insurance adjuster may try to shift some of the blame for the accident to you to lower the value of your claim. Be cautious when talking to an insurance company. What you say may be used to accuse you of being partially to blame for causing your injury.

Get Help With a Personal Injury Claim in Texas

Determining the value of general damages can be challenging. Contact Anderson Injury Lawyers at (817) 294-1900 for a free consultation with our Fort Worth personal injury lawyers. Our legal team works with you to maximize damages and increase the value of your personal injury claim.