General damages refer to compensation for non–economic losses that don‘t necessarily have a clear price tag or receipt.
A Las Vegas personal injury lawyer from H&P Law can teach you about general damages and whether you have grounds for pursuing them as part of a lawsuit.
General Damages Cover Subjective Losses
As you think about what general damages are, it’s important to note that they represent a form of compensation that covers intangible losses like pain and suffering, loss of enjoyment of life, loss of consortium or companionship, and disfigurement.
The personal injury lawyers at H&P Law can give you insights into how pain and suffering are calculated in Nevada and what to do if you want to secure these and other general damages. Depending on your situation, we can help you file a personal injury lawsuit requesting general and special damages.
Our team has over 60 years of combined experience and has earned many positive client testimonials. If you are interested in seeking general damages or are ready to file a personal injury lawsuit against someone who caused you to get hurt, we’re here to help. For more information, request a free case consultation.
General Damages Differ from Special Damages
If you want to recover damages in a personal injury case, you can pursue compensation for your tangible and intangible losses. Special damages refer to quantifiable losses, like medical bills or lost wages. Comparatively, general damages are subjective.
In addition to general and special damages, you may recover punitive damages in certain personal injury cases. Punitive, or exemplary, damages are defined under Nevada Revised Statutes (NRS) 42.005. Courts can award these damages if a plaintiff proves by clear and convincing evidence that the defendant engaged in oppression, fraud, or malice.
At H&P Law, we are committed to getting our clients outstanding case results. Our team can explain general, special, and punitive damages and how they differ. We can help you seek damages through an injury claim if you were injured because of another party’s negligence.
There’s No Set Formula for Calculating General Damages
In terms of how general damages are calculated, different methods can be used. Sometimes, a multiplier can be applied to the amount of special damages requested to dictate a general damages award. Alternatively, a judge or jury can look at your injury severity, recovery time, and other factors to decide how much to award in general damages.
The attorneys at H&P Law want to eliminate the guesswork that comes with figuring out the general damages you can potentially receive in your personal injury case. We can evaluate your case and calculate your personal injury settlement value. This can help us prepare an argument designed to prove to a judge or jury why you deserve general and special damages.
As we develop your argument, we can collect witness statements, medical records, police reports, accident scene photos, and other forms of proof. If we have relevant evidence, we can show a judge or jury that you were harmed due to another party’s negligence, which can boost your chances of achieving your desired case outcome.
Your General Damages Can Be Reduced by Your Percentage of Fault
Per NRS 41.141, Nevada maintains a modified comparative negligence rule that can dictate the outcome of your personal injury case. Depending on your degree of fault for your injuries, a judge or jury can reduce your general and special damages or award none at all.
Under modified comparative negligence, if you sue for injuries and are not primarily responsible, your damages can be reduced by your percentage of fault. On the other hand, if you’re more at fault than anyone else, you are barred from recovering damages.
At H&P Law, we will account for modified comparative negligence as we craft your argument. We want to be able to make it clear to a judge or jury that any parties liable for your injuries acted negligently and should be held responsible for your losses.
General Damages Are Available in Personal Injury Lawsuits
If you file a personal injury lawsuit after a car accident, a slip and fall on someone else’s property, or for another reason, you can request general damages in conjunction with special damages. A judge or jury can award both types of compensatory damages, and punitive damages can be available when the applicable legal requirements are met.
There are times when you can recover damages without having to bring your personal injury lawsuit in front of a judge or jury. At H&P Law, we sometimes engage in settlement negotiations on behalf of our clients. These negotiations can help us secure damages for our clients in less time than what would be required for a trial.
We will keep you updated as we negotiate the terms of a settlement with a liable party for you. Our attorneys will remain accessible to address concerns or questions you have about what general damages represent and other relevant legal topics. If you don’t get a reasonable settlement offer, we have no issue with bringing your case to trial.
Your Personal Injury Lawyer Will Fight for General Damages for You
It can be incredibly difficult to get general damages by yourself. Thankfully, you can partner with a personal injury attorney who will put your case front and center. Your lawyer can fight for damages for you through settlement negotiations or litigation.
The lawyers at H&P Law can help you file an insurance claim requesting general and special damages. Ideally, a liable party’s insurance company proposes a reasonable settlement, and you get compensation right away. However, if this doesn’t happen, we’ll present your case in court.
In a trial, our attorneys can argue how a party committed an act of negligence, leaving you with general and special damages. We can also contest any claims that this party makes against you. Ultimately, if our argument is successful, you’ll be able to recover damages that serve you well now and in the future.
Let Us Help You Pursue General Damages
H&P Law has obtained more than $100 million for our clients. If you are interested in learning more about what general damages entail and if you’re eligible to request them as part of a personal injury lawsuit, we can help.
On top of that, we can guide you through the process of suing for damages. To find out more, schedule a free consultation.
