What Are General Damages In A Personal Injury Lawsuit?

Bail Bond Cowboys wants the public to have answers to the myriad of questions that surround the civil legal system and your legal rights. We bring those answers to you in the form of video interviews by Attorneys.Media of legal experts in your area and across the country.

Ray Hrdlicka – Host – Attorneys.Media

“You mentioned that there were a couple different types of specific damages involved in the case. You also mentioned the term ‘general damages’.”

Andrew Dósa – Personal Injury Attorney – Alameda County, CA

“General damages are the tangible human side of an injury. What is it that you’ve suffered in terms of pain? I suppose I could ask this question. If you could go back to the most significant pain you’ve ever experienced, and you were going to experience that (pain) for 30 days in a row. And that was all the consequence of someone who had harmed you because of their negligence. What would be the value of the pain and that suffering that you endured? Would it be that you simply look at the amount of medical care that you received in 30 days, or would you simply say, ‘if someone gave me $2,000, I would be willing to live with that amount of pain for another day’. If someone was willing to pay me $2,000 for 30 days, I would live the worst pain of my life, then you can figure out what the value of that pain would be. There is no easy way to determine what that pain…”

Ray Hrdlicka – Host – Attorneys.Media

“There’s no easy answer.”

Andrew Dósa – Personal Injury Attorney – Alameda County, CA

“There is no easy answer.”

Ray Hrdlicka – Host – Attorneys.Media

“It seems like general damages is going to be the most difficult argument with the insurance company.”

Andrew Dósa – Personal Injury Attorney – Alameda County, CA

“Right. It is also the biggest component, the bigger component of the damages as compared to the special damages, in general. And that’s what makes the case attractive for an attorney, if the pain and suffering is significant. Let me back up and say…that pain and suffering does not always just include the true pain and suffering. It can also include the consequence to your life.

For example, I had a client who had a scar on her face, on her cheek. And it was not so significant that she wanted to walk out in public only with a bag over her head, but she was also not a professional model. An attractive woman, didn’t really worry too much about her looks. Had the right kind of perspective. But she did have a scar for the rest of her life. So, while I was not misrepresenting what the client was doing, in living with this scar, which was a change to her appearance, although again not significant to her, I did indicate it was going to be permanent. So, I identified future medical. How much will it cost to correct that scar if the client wanted to? And then that would also bring up the question; there’s the pain of going through surgery, there’s the pain of the discomfort and disruption to your life. How do you value that pain? Well, that scar was worth something a lot more significant than simply a sore shoulder, or a headache, or a neckache. Although those are significant too.”

Ray Hrdlicka – Host – Attorneys.Media

“Especially if they’re chronic?”

Andrew Dósa – Personal Injury Attorney – Alameda County, CA

“Especially if they become chronic. And so, then the other challenge is…what if you’ve had someone who’s got a neck injury? As if there’s only one person who’s ever had a neck injury and it’s the person who just got hit by a car. All of us have injured ourselves, all of us have gotten sore. Think about it. If you’ve ever had a fracture, I’ve fractured my thumb in high school. My thumb literally splintered, and after three months in a cast, my thumb was a little sore. And I can feel it now, 40 plus years later. But it’s not really impacting me. I mean I’m going to get arthritis here and I probably already have a little bit, but it hasn’t bothered my much. But I tweaked my back 25 years ago, and if I’m not careful, and if I’m under a lot of stress, or working hard, or exercising, I can feel my back come back and bother me.”

Ray Hrdlicka – Host – Attorneys.Media

“So, that’s where it comes into…how does this impact my life? What’s that worth? What’s that impact worth? Based upon the accident and the cause of the discomfort or pain.”