Special Damages vs. General Damages in a Personal Injury Case

Jul 31,2026

There are two main types of damages available to a claimant in a personal injury settlement: special damages and general damages. If you have been injured in an accident, it is important to understand the difference between these types of damages and how you must prove each of them. If you hire a personal injury firm to handle your case, they will help you determine what damages to seek. They will also ensure you are keeping a record of all the information you’ll need to prove damages in your case. An experienced legal team can help you fight for your full share of damages for everything you have lost.

Special Damages

Special damages, or economic damages, refer to monetary losses from the accident. These are calculated costs that are quantifiable, out-of-pocket financial losses that can be added up objectively. These damages are a bit simpler to calculate than general damages, which are more subjective. However, that doesn’t mean the insurance company will not dispute the amount you claim. In order to prove the amount of these damages, you will need to keep a tight record of your bills and receipts from the applicable expenses. You should also reach out to a well-versed local attorney as soon as possible who could help you gather the appropriate documentation to document and prove what kind of special damages you suffered in the accident.

These are the 4 main types of special damages:

Medical

These damages include your medical expenses from the time right after the accident through the future, if applicable. If you are filing a personal injury claim for your injuries, you will need to keep a record of all of these expenses. Serious injuries can result in costly medical expenses. You might need to undergo surgery, hospital stays, follow up doctor’s appointments, prescription drugs, and physical therapy or rehabilitation. For instance, every time you go to a doctor’s appointment and need to pay a copayment or other expense, you should keep a detailed receipt. This will ensure you receive appropriate compensation to cover all of your past, current, and future medical bills relating to the accident that caused your injuries.

A full settlement or damages award should take into account your future anticipated medical needs, so you are able to address any medical concerns that could arise in the future. A skilled local legal team will review your medical records, work with your doctors, and consult with knowledgeable medical experts to discover how your injuries might continue to impact your day-to-day life in the future. A detailed medical report from your doctor can help you prove that the accident was the source of your injuries, and it can also help demonstrate the existence and actual value of your medical expenses.

Loss of Income

If your injuries affect your present and/or future income-earning potential, you are entitled to compensation for that. To prove loss of income, your doctor will need to verify that your injuries prevented you from working either temporarily or permanently. To assist in your potential legal claim, you should gather pay stubs and other receipts that prove the value of your lost wages. A knowledgeable lawyer could help you determine what you need from your doctor as proof of your injuries.

Other Out-of-Pocket Expenses

Additional costs you incur from your injuries might fall under the category of out-of-pocket expenses. Think about the expenses you’ve incurred since your accident that you would not otherwise have had, like the cost of an Uber or gas to and from medical appointments, or the parking garage fee at the hospital, and over-the-counter medication. If your injuries are so severe that they interfere with your ability to walk, you might need to pay for a wheelchair, crutches, a walker, or other mobility assistance devices. You might also need to make extensive renovations to your home by widening the doorways and installing wheelchair ramps or purchase a handicapped accessible vehicle. These costs can be calculated as out-of-pocket expenses that you can receive compensation for.

Personal Property

This includes the cost of repairs to your vehicle, or the value of your car if it was totaled. These damages can also include the cost of other items that were damaged in the accident, such as cell phones, child car seats, and other valuables.

Saving all bills, invoices, records, and receipts will be critical if you later decide to pursue a legal claim to recoup these expenses. An experienced attorney can review your receipts and help you calculate a fair value for your special damages to represent your actual financial losses from the accident.

General Damages

As opposed to special damages, general damages, or non-economic losses, are more subjective and can cover your non-monetary losses resulting from the accident that caused your injuries. However, do not think of general damages as less important. If you have suffered severe injuries, the physical, emotional, and psychological distress you endure as a result is very real. Your injuries can cause you to miss out on activities you used to enjoy. They can even lead to problems like post-traumatic stress, anxiety, and depression. These damages cannot be objectively calculated quite like special damages, but nevertheless you can be compensated for these issues.

Common forms of general damages include:

Pain and Suffering

Pain and suffering can be difficult to quantify. However, the damages from pain and suffering can be determined by looking at the type of injury sustained and the duration of the injury. Pain and suffering damages pertain to past, present, and future pain and suffering. These damages vary and depend on the type of treatment you receive, the medication you are prescribed, and the intensity of your recovery.

Emotional Distress

This category includes psychological and emotional distress caused by the accident, including anxiety, PTSD, and depression. The level of your emotional distress is usually determined by a mental health professional.

Loss of Enjoyment and Overall Quality of Life

If your injuries deter you from activities you used to enjoy, you will also qualify for loss of enjoyment. Activities can include hobbies, recreational and any other activity you can no longer enjoy or participate in due to your injuries. For instance, if your injuries prevent you from being able to ride a bike anymore and that was part of your life over the past few years, you can seek to recover compensation for the loss of that recreational activity which you enjoyed.

Calculating the general damages from your accident can be a challenging task because they are more subjective and not precisely quantifiable with records and receipts. A court considering your damages would take into account various factors, such as the severity of your injuries, your future anticipated medical prognosis, your age and overall health prior to the accident, and the impact that the accident has had on your quality of life. Although there is no set value for all general damages, courts often use multiplier methods in which they multiply the special damages times 1.5-5 or a per diem method to calculate your daily rate of suffering. Your personal injury attorney will be able to help you understand the process so you can have a better understanding of what to expect.

A skilled and experienced personal injury lawyer will help you fight for both special and general damages, so that all your losses relating to the accident are fairly addressed and will fight to help you receive the compensation you deserve for your injuries.

“Our firm is here to help our clients through every step of the process, including calculating damages and seeking appropriate compensation for their injuries,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Have Questions About What Damages Are Available in Your Personal Injury Case? Contact Us Today

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering.

If you have been injured and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.