In California personal injury claims, general damages (also known as non-economic damages) are intended to compensate the injured party for losses that are not easily quantifiable in monetary terms, such as pain, suffering, and emotional distress. Unlike special damages, which are based on actual financial losses like medical bills and lost wages, general damages are more subjective and are awarded for the intangible effects of an injury.
Here are the types of general damages that may be awarded in a California personal injury case:
1. Pain and Suffering
- Pain and suffering is one of the most common forms of general damages and compensates for the physical pain the injured party experiences due to their injury. It includes both the pain experienced immediately following the injury and any ongoing pain associated with the condition.
- This can also extend to future pain and suffering if the injury is permanent or requires long-term treatment.
2. Emotional Distress
- Emotional distress damages compensate for the mental and emotional toll caused by the injury. This includes conditions such as anxiety, depression, fear, insomnia, and post-traumatic stress disorder (PTSD) that result from the incident.
- If the injury is particularly traumatic or life-changing, emotional distress damages can be substantial.
3. Loss of Enjoyment of Life
- Loss of enjoyment of life compensates the injured party for the reduction in their quality of life due to the injury. For example, if the injury prevents the victim from participating in hobbies, social activities, or personal pursuits they previously enjoyed, they may be entitled to damages for this loss.
- This type of damage is typically awarded when the injury significantly impacts the person’s ability to live life as they did before the incident.
4. Disfigurement or Scarring
- Disfigurement or scarring damages are awarded when the injury results in permanent physical marks or changes in appearance, such as scars, burns, or amputations. This compensates the victim for both the physical and psychological effects of being disfigured.
- Scarring or disfigurement can also impact a person’s self-esteem, leading to emotional distress, which is considered when determining the amount of compensation.
5. Loss of Consortium
- Loss of consortium refers to the loss of companionship, affection, and sexual relations due to the injury. Typically, this claim is filed by the spouse of the injured party, who has suffered a loss in the relationship as a result of the injury.
- This is typically awarded when an injury results in a significant reduction in the quality or nature of the relationship between the injured party and their spouse or partner.
6. Loss of Society
- Loss of society is similar to loss of consortium, but it applies to family members (other than a spouse) who suffer emotional distress and loss due to the injury. This can apply to parents, children, and close family members who experience a reduced relationship with the injured person due to the injury.
7. Permanent Disability or Disfigurement
- When an injury causes a permanent disability (such as being permanently unable to work or perform daily activities), the victim may be awarded general damages to compensate for the lasting impact on their life.
- If the injury leads to a permanent disability, the individual’s ability to perform work, household tasks, or recreational activities may be permanently affected, and this can justify compensation for long-term suffering.
8. Mental Anguish
- Mental anguish refers to the psychological pain and distress that results from the injury. This can include feelings of hopelessness, sadness, and trauma experienced due to the injury.
- In some cases, mental anguish can be severe, especially when it results from a traumatic event such as a car accident, assault, or medical malpractice.
How General Damages Are Determined:
Unlike special damages, which can be precisely calculated based on receipts, bills, and other records, general damages are more subjective and vary based on factors such as:
- Severity and Permanency of the Injury: The more severe and long-lasting the injury, the higher the potential for general damages.
- Impact on Daily Life: If the injury significantly disrupts the injured party’s ability to work, care for themselves, or enjoy life, it can result in higher general damage awards.
- Emotional and Psychological Impact: If the injury leads to emotional distress, depression, anxiety, or other mental health conditions, the damages will account for these intangible losses.
- Testimony and Evidence: Personal testimony from the injured party, along with medical and psychological evaluations, may be used to demonstrate the pain and suffering caused by the injury.
Conclusion:
In California personal injury cases, general damages are designed to compensate for non-economic losses such as pain, suffering, emotional distress, and a diminished quality of life. These damages are highly individualized and are determined by the nature of the injury, its long-term effects, and the impact it has on the victim’s personal and emotional well-being. While there is no fixed formula for calculating general damages, factors such as the severity of the injury, its permanence, and the psychological consequences all play a role in determining the amount awarded.