If you’re injured in an automobile collision or other accident, you may be entitled to compensation from the person whose negligence or wrongdoing was the cause. There are two types of compensation available: “special damages” and “general damages.”

Special damages

The economic losses suffered in an accident are compensated as special damages. Examples include the cost of treatment for injuries sustained, the cost to repair or restore property damaged in an accident and the loss of earnings due to injury. Although they are unique to the individual victim, special damages are usually easy to quantify. However, the loss must apply to the victim’s particular circumstances. Suppose, for example, that an accident victim’s eyesight is moderately compromised due to injuries sustained. For a typical office worker, less than perfect eyesight might not substantially affect his or her job duties. In contrast, if the victim suffering an eye injury is a professional pilot, the incident could be career-ending.

To calculate special damages, the accident victim's attorney collects and documents data about costs that have already been incurred, such as medical bills for past treatments and wages lost due to inability to work. The attorney can also quantify future costs with reasonable certitude. For example, someone who is rendered unable to work can reasonably predict lost future income based on their occupation, past career performance and projected earnings, considering the average retirement age.

General damages

Losses that cannot be easily quantified are compensated as general damages, also referred to as non-economic damages. A common example is pain and suffering that results from a serious and/or permanent injury. Other examples include emotional distress from witnessing a highly disturbing event, loss of consortium due to the death of a family member and loss of enjoyment of life activities due to serious injuries.

General damages are highly subjective. There is no way to scientifically assess levels of pain and suffering or emotional distress. Plaintiffs’ attorneys often present evidence in the form of metrics, such as multiplying economic losses by a factorial or applying a per diem dollar amount over a set time period. However, in the trial of a personal injury case, jurors are instructed to use their common sense and practical judgment to come up with a number that fairly represents the victim’s non-economic losses. Such damages sometimes total millions of dollars.

Hope & Causey in Conroe is one of the most respected and experienced personal injury firms in Texas. We are devoted to recovering the maximum damages possible for our injured clients. If you or a family member in the greater Houston area have been hurt in an accident that may be the fault of someone else, feel free to contact us online or call 936-441-4673 for an initial consultation.