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13.19 General damages are damages for non-economic loss, including pain, suffering, loss of amenities, and loss of expectation of life. Underlying the award of damages for non-economic loss is the idea that money can provide the plaintiff with some consolation for having been injured.
How to Calculate Damages. Calculating economic damages can be as easy as adding up all the expenses connected to the accident, such as income loss, medical bills, out-of-pocket costs, and others. Once you have a figure for economic damages, you can determine your non-economic losses, such as pain and anguish.
Compensatory damages must be proven by a preponderance of the evidence ? although courts may apply other burdens of proof such as reasonable certainty or substantial evidence, depending on the case.
Expert witnesses are invaluable in establishing general damages because their testimony will provide objective evidence as to why the plaintiff is in pain; depressed; unable to do certain activities; or why the plaintiff is able to perform certain functions but has to do them differently.
For example, if the plaintiff suffered a minor injury with $1000 in medical bills he may want to ask for $1500 in general damages ($1000 x 1.5). If the plaintiff suffered a more serious injury, with $100,000 in medical bills, he may want to ask for $500,000 ($100,000 x 5) in general damages.
General damages or non-pecuniary losses are those damages which cannot be mathematically assessed at the date of trial. The predominant head of general damages in personal injury claims is pain, suffering and loss of amenity although there are a number of other heads of general damages which must also be considered.
General damages refers to harm which arises directly and inevitably from a breach of contract or tort. In other words, those damages that would be theoretically suffered by every injured party under these circumstances.
General damages that are awarded for pain and suffering in the U.S. are typically calculated as three to four times the amount of the plaintiff's medical bills and added to the amount that is actually meant to cover the bills.
In a personal injury case, general damages are the compensation you receive for the intangible losses following an injury, like pain and suffering and emotional distress. By contrast, special damages are the compensation for losses that are more ascertainable, like medical expenses and lost wages.