In a personal injury case in California, general damages (also known as non-economic damages) are awarded to compensate the injured party for harm that cannot be quantified by a specific dollar amount. Unlike special damages, which cover quantifiable losses like medical bills and lost wages, general damages address the pain, suffering, emotional distress, and reduced quality of life caused by the injury.
Types of General Damages in California:
- Pain and Suffering
- This includes both physical pain and emotional distress caused by the injury. Pain and suffering are awarded for the physical discomfort or anguish the person experiences due to the injury.
- It also accounts for future pain and suffering if the injury is long-lasting or permanent.
- Emotional Distress
- This refers to the mental and emotional impact of the injury, such as anxiety, depression, stress, or post-traumatic stress disorder (PTSD). Emotional distress damages may be awarded if the injury results in significant emotional suffering.
- Loss of Enjoyment of Life
- This damage compensates for the loss of enjoyment of activities that the injured person can no longer partake in due to the injury. For example, if the injury prevents a person from engaging in hobbies, sports, or other activities they once enjoyed, they may be compensated for this loss.
- Disfigurement or Scarring
- If the injury results in permanent scarring or disfigurement, the injured party may be awarded damages to compensate for the psychological and social consequences of these visible changes.
- Loss of Consortium
- If the injury affects the injured party’s relationship with their spouse or partner (e.g., sexual intimacy, companionship, and affection), the spouse or partner may be entitled to a separate claim for loss of consortium, which compensates for the loss of the relationship.
Factors Used to Determine General Damages:
Unlike special damages, which have specific bills or receipts to back them up, general damages are subjective and require the court or jury to consider several factors:
- Severity and Duration of the Injury
- The more severe and long-lasting the injury, the higher the general damages are likely to be. Permanent injuries or those that require ongoing treatment or therapy generally result in higher awards for pain and suffering.
- The Impact on the Victim’s Daily Life
- How the injury affects the person’s ability to carry out day-to-day tasks, maintain their job, or live independently is taken into account. If the injury significantly disrupts the person’s lifestyle, this could increase the amount awarded for general damages.
- The Psychological Impact
- Injuries that cause significant emotional distress, such as depression or anxiety, are also considered. Psychological evaluations or testimony from mental health professionals may be used to support claims for emotional distress.
- Testimony and Evidence
- The plaintiff (injured party) may provide testimony about their pain, suffering, and emotional distress, and doctors or other medical professionals may provide expert testimony about the long-term effects of the injury.
- Written reports, medical records, and other documents may also be presented as evidence.
- The Jurisdiction and Jury’s Discretion
- In California, general damages are often determined by the jury in a trial, although in some cases, a judge may make the determination. Juries have discretion in how they value non-economic harm, meaning there is no standard formula for determining the exact amount.
- The jury may compare the case to similar cases they have seen or have heard about, considering how other courts have awarded general damages.
Calculation Methods for General Damages:
There is no fixed formula to calculate general damages, but lawyers and courts use various methods to help determine an appropriate award:
- Multiplier Method:
- One common method used by personal injury attorneys and insurers is the multiplier method. In this approach, the total of the injured person’s special damages (medical bills, lost wages, etc.) is multiplied by a factor, usually between 1.5 to 5. The multiplier depends on the severity of the injury, the permanency of the damage, and the level of pain and suffering.
- For example, if the special damages (medical bills and lost wages) total $50,000, and the multiplier is 3, then the general damages would be $150,000 (50,000 x 3).
- Per Diem Method:
- In some cases, attorneys use the per diem method, where they estimate a specific dollar amount for each day the victim suffers from pain and suffering. The per diem value is multiplied by the number of days the victim is expected to experience pain, suffering, or emotional distress.
- Jury Discretion:
- Ultimately, the amount awarded for general damages is often left to the discretion of the judge or jury. In high-impact cases with severe injuries, the jury may award a higher amount for general damages, while more moderate injuries may lead to a lower award.
Caps on General Damages in California:
In California, there are no caps on general damages for personal injury cases involving negligence (except for cases involving medical malpractice or other specific exceptions). This means that a jury can award any amount of general damages based on the evidence presented.
Conclusion:
General damages in a California personal injury case are subjective and can vary significantly depending on the severity of the injury, the emotional and psychological impact on the victim, and the effect on their daily life. Since there is no set formula for determining general damages, the court or jury considers various factors to arrive at an appropriate amount of compensation. The injured party’s testimony, medical evidence, and expert opinions often play a crucial role in determining the final award for pain, suffering, and emotional distress.