What are general damages vs. specific damages? General damages cover intangible losses, while specific, or special, damages cover tangible ones.
A Las Vegas personal injury lawyer at H&P Law can explain the similarities and differences between general and specific damages in your personal injury case.
General Damages Are Non-Economic
When you file a personal injury lawsuit, you can request general damages for pain and suffering, loss of enjoyment of life, and other non-financial losses. These can be awarded in combination with specific damages. Rarely, a judge or jury will award punitive damages with both general and specific damages.
At H&P Law, we want our clients to achieve outstanding case results. Our personal injury attorneys can answer any questions you have about general vs. specific damages and what each covers. On top of that, we can help you sue for both types of damages and prove to a judge or jury why you deserve them.
Our team has over 60 years of combined experience and has received many positive client testimonials. Give us the opportunity to help you pursue general and specific damages. We want to help you obtain compensatory damages from anyone liable for your injuries. To get started, request a free consultation.
Specific Damages are Economic
In terms of general damages versus specific damages, the latter cover financial losses you incur due to someone else’s negligence. Such damages can include medical bills, lost wages, and diminished earning capacity.
The personal injury lawyers at H&P Law can assess your case and the potential damages you can receive. We want to understand what damages you can recover in your personal injury case before we help you file your lawsuit in accordance with Nevada law.
Based on Nevada Revised Statutes (NRS) 11.190, if you want to pursue economic and non-economic damages from anyone at fault for your injuries, you typically have two years to file a lawsuit, with certain exceptions. Our attorneys can explain the statute of limitations for your case and help you sue for damages before the window closes.
The General Damages and Specific Damages You Recover Depend on Your Losses
When you examine your general damages and specific damages, it’s important to note that how much compensation you receive will be based on your losses. The H&P Law team will account for your quantifiable and subjective losses as we get your case ready for trial. By doing so, we’ll be well-equipped to fight for general and specific damages for you.
Our attorneys provide tools to help you calculate the value of your personal injury settlement. We will consider how your injuries are impacting you financially and emotionally. From there, we can start building a legal strategy tailored to your case.
If your case goes to trial, we can argue to a judge or jury that the defendant was negligent and should cover your losses. The court can award general damages, specific damages, or both. In some cases, it can award partial damages based on your percentage of fault in alignment with NRS 41.141, which defines modified comparative negligence in Nevada.
A Look at Times When a Judge or Jury Will Award Partial Damages
Judges and juries will assess your degree of fault when deciding whether you should receive general damages or specific damages. Depending on your percentage of liability, a judge or jury may award partial damages or none. This is due to Nevada’s modified comparative negligence rule.
Under modified comparative negligence, if you sue someone for injuries and are 50% or less at fault, you can still recover damages. However, the court can reduce your damages by your percentage of fault. Alternatively, if you’re primarily at fault for your injuries, you’re barred from recovering damages.
The personal injury attorneys at H&P Law can describe what Nevada residents need to know about modified comparative fault. We want to be able to make it clear to a judge or jury that you’re not to blame for your injuries and, because of this, deserve to be awarded both general damages and specific damages.
How to Calculate Specific and General Damages
To calculate your specific damages, add up the financial losses you incurred because of someone’s negligence. You can use your medical bills, pay stubs, and other financial documents to determine these losses.
Calculating your general damages may involve multiplying your specific damages by a factor between 1 and 5. Alternatively, your personal injury lawyer can help you figure out a daily rate for your specific damages.
H&P Law can calculate your injury-related losses. We want you to focus on your recovery while we build your case for general and specific damages. As your case moves forward, we can keep you updated about settlement negotiations with a liable party. If any offers are made, we can review them with you.
General and Specific Damages Together Can Be Included in a Settlement Agreement
Even if you file a personal injury lawsuit with the intent of going to court, your attorney can negotiate a settlement. If these negotiations are successful, you can resolve your case faster than a trial would take.
The lawyers at H&P Law can initiate settlement negotiations for you. Our attorneys can go back and forth with an at-fault party in the hopes of getting you a settlement agreement that encompasses general damages and special damages.
We can share any settlement offers we receive with you, and you can review them before making a final decision. Ultimately, if no agreement is reached, we are prepared to argue for general and specific damages for you in court.
Learn More About General and Specific Compensatory Damages
H&P Law has recovered more than $100 million for our clients. Our courtroom-proven and client-praised personal injury attorneys can give you information about general and specific compensatory damages and whether you’re eligible to receive them in a personal injury lawsuit. To find out more, schedule a free case consultation.
