Personal injury cases can be overwhelming and confusing, especially when it comes to calculating damages. The term “general damages” is one you may have come across, but do you know what it means?
Let’s look at what general damages are, how they’re calculated, and what factors may affect their value.
What Are General Damages in a Personal Injury case?
General damages are a type of compensatory damages meant to address intangible injuries, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are not meant to cover medical expenses or lost wages, which fall under another category called special damages.
How Are General Damages Calculated?
Calculating general damages is not an exact science and is based on a variety of factors, including the severity and duration of the injury, the impact on the injured person’s life, and the degree of fault on behalf of the defendant. Typically, an attorney will use one of two methods to calculate general damages: the multiplier method or the per diem method.
With the multiplier method, the attorney calculates the total amount of special damages, such as medical expenses and lost wages, and then multiplies it by a number between 1.5 and 5 based on the severity of the injury and its impact on the person’s life. The per diem method, on the other hand, calculates the daily rate of damages for things like pain and suffering and multiplies it by the number of days the person has suffered or is likely to suffer.
Factors That May Affect General Damages
Several factors may affect the value of general damages in a personal injury case in Summit County. The type and severity of the injury, the extent of medical treatment required, the length of recovery time, and the person’s age, occupation, and lifestyle all may play a role in determining the amount of general damages awarded. Additionally, evidence of negligence or malicious intent on behalf of the defendant may increase the value of general damages.
