In California, “general damages” refer to a category of compensatory damages that are intended to compensate an injured party for non-economic losses resulting from an accident or injury. General damages are distinct from “special damages,” which compensate for specific economic losses like medical expenses and lost wages. Here’s a detailed explanation of general damages in California:
- Non-Economic Losses: General damages compensate for non-economic losses that are more subjective and not easily quantifiable in monetary terms. These losses typically include:
- Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress experienced as a result of the injury or accident. This includes both the immediate pain and suffering endured at the time of the incident and any ongoing pain or emotional trauma.
- Emotional Distress: Damages for psychological harm, mental anguish, anxiety, depression, and other emotional injuries caused by the accident or injury. This can encompass a wide range of emotional and mental health issues resulting from the trauma of the incident.
- Loss of Enjoyment of Life: Compensation for the loss of ability to participate in activities, hobbies, or aspects of life that the injured party enjoyed prior to the accident. This includes both physical activities and social or recreational pursuits that have been compromised or diminished due to the injury.
- Loss of Consortium: Damages awarded to compensate for the negative impact the injury has on the injured party’s relationship with their spouse or partner. This can include loss of companionship, affection, intimacy, and support.
- Subjective Nature: General damages are inherently subjective because they involve evaluating the intangible and personal impact of the injury on the individual. Unlike special damages, which are based on concrete financial losses, general damages require consideration of the unique circumstances and experiences of the injured party.
- Factors Considered: When determining the amount of general damages to award, courts consider various factors, including the severity and permanence of the injuries, the extent of physical pain and emotional suffering endured, the impact on the injured party’s daily life and relationships, and the prognosis for future recovery.
In summary, general damages in California compensate injured parties for the non-economic losses they experience as a result of an accident or injury. These damages aim to provide fair compensation for the pain, suffering, and emotional distress endured by the injured party, as well as the impact on their quality of life and relationships.