The term General Damages, commonly referred to as “pain and suffering” in an injury claim are the damages one suffers for which an exact dollar value is not available. In a Civil Liability claim the at-fault party or tortfeasor is responsible to the injured party for all damages that the wrongful actions of the tortfeasor has caused. Damages are generally broken down into two main categories; Special Damages and General Damages. General Damages are damages for which there is no exact dollar value which can be calculated. These damages include pain, suffering, loss of enjoyment of life and inconvenience to name a few. Loss of future earning capacity can also be considered as General Damages as can loss of bodily function.
Simply stated, any adverse effects to ones life and well being for which a dollar value cannot be ascertained and which are attributed to the actions of the at-fault party are General Damages for which the injured party is to be compensated. General Damages are an important part of any negligence or liability claim and must be pursued creatively and aggressively.