Key Takeaways

  • General damages compensate for non-economic, subjective harms like pain, suffering, and emotional distress.
  • These damages are harder to quantify and are awarded at the court’s discretion based on evidence and circumstances.
  • General damages differ from special damages, which cover specific, economic losses (e.g., medical bills).
  • Courts consider factors such as loss of enjoyment of life, disfigurement, and impact on daily activities when awarding general damages.
  • Calculating general damages often involves a multiplier of special damages or other formulas depending on jurisdiction.

General damages are awards of money given to the plaintiff in a lawsuit by the defendant to make reparations for injuries or a breach of contract in cases when it is difficult to calculate a dollar value for the amount. These awards may be related to pain, suffering, or other physical losses as well as failure to satisfy the terms of a contract. 

Some examples of cases in which general damages are awarded include:

  • Car accidents in which the victims have suffered injuries.
  • Medical cases involving medical malpractice.
  • Wrongful death.

Differences Between General and Compensatory Damages

When losses are difficult to put a monetary value on, general damages are awarded. Some losses simply cannot be proven with a receipt. If an injury results in expensive medical bills, that amount can be placed on invoices by hospitals, doctors, and other healthcare providers. However, you can't place a dollar value on pain. 

If a contract is breached, there are situations when you can specify dollar values of items or services not received. However, a loss of future business is not so easy to quantify.

General damages are a type of compensatory damages, which are granted by a court in a lawsuit to repay losses or injuries resulting from another person's wrongdoing. If the plaintiff can prove that the defendant's actions directly led to the loss or injury, the defendant will be ordered to pay damages. The court must then decide how much compensation must be paid, and this amount depends on many variables.

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 addition to pain and suffering, situations that qualify for general damages include:

  • Loss of reputation
  • Loss of enjoyment of life
  • Disfigurement

Evaluation of general damages is subject to the court's opinion instead of being specific and provable. The victim's suffering may be interpreted in different ways depending on the parties and their own interests in the case. Factors include:

  • The amount of pain that has been suffered, and the duration of the pain.
  • How the pain has disrupted the plaintiff's daily life.
  • The details about the negligence and recklessness of the party who caused the losses.
  • Stress and worry over the injury or the case.
  • “Loss of consortium,” meaning that the plaintiff is missing out on family relationships and the benefits they provide.
  • Loss of enjoyment that the injury has caused.

Factors Courts Consider When Awarding General Damages

Courts evaluate several key factors when determining the amount of general damages to award a plaintiff:

  • Severity and permanence of the injury: More serious or lifelong injuries tend to result in higher general damages.
  • Impact on daily activities: How the injury limits the plaintiff’s ability to perform routine or enjoyable activities.
  • Age and occupation of the plaintiff: Younger plaintiffs or those with physically demanding jobs may be more impacted by certain injuries.
  • Pain and suffering: The extent and duration of physical pain or emotional suffering.
  • Loss of consortium: The effect of the injury on the plaintiff’s relationship with a spouse or family members.
  • Loss of enjoyment of life: The inability to engage in hobbies or pastimes previously enjoyed.

General damages are inherently subjective and vary based on the judge or jury’s interpretation of the harm suffered.

Types of Damages

General damages are just one type of damage that may be awarded to the plaintiff in a court case. The others are special damages and punitive damages.

General damages and special damages are compensatory damages, which means they are meant to repay the plaintiff for the loss they have suffered. Punitive damages, however, are given specifically to punish the guilty party for their wrongdoing and prevent them from doing such a thing again in the future. 

Special damages are awarded to the plaintiff as restitution for losses that can be given a specific dollar amount thanks to written estimates, receipts, or bills. If there is a car accident, the plaintiff may ask for restitution for expenses related to repairing damage to the vehicle, damage to other property that was in the car at the time of the accident, and medical bills to treat his injuries. 

Special damages also cover the days he may miss from work due to the injuries because it's possible to put a dollar amount on the unearned salary even if it's not exact. A statement from the plaintiff's employer can include his usual wage and the hours he did not work due to the injury.

General damages, on the other hand, are harder to prove. To prove emotional distress, for example, you may need to visit a psychiatrist who can give expert testimony regarding your mental state. For this reason, it is vital to hire an experienced attorney who knows how to obtain all the proof needed for an accurate calculation. 

Every case is different, but since it's difficult to quantify general damages, most courts use a basic formula to calculate the amount due. It includes the total dollar amount for provable special damages multiplied by a general damages multiplier. The multiplier is the variable factor that an attorney can influence.

Limits on General Damages

In some states, damage caps limit the amount of general damages that can be awarded, particularly in medical malpractice or government liability cases. These caps aim to reduce excessive awards and control insurance costs. Examples include:

  • California’s MICRA cap limiting non-economic damages in medical malpractice to $350,000.
  • Texas’ $250,000 cap on non-economic damages in healthcare liability claims.

It’s important to consult an attorney familiar with state-specific laws to understand how caps may affect a claim.

How General Damages Are Calculated

There’s no universal formula for calculating general damages, but courts and attorneys often use a “multiplier method.” This method involves multiplying the total of the plaintiff’s special damages (e.g., medical expenses) by a number typically ranging from 1.5 to 5, depending on:

  • The severity of the injury
  • The likelihood of full recovery
  • Emotional trauma involved
  • The degree of fault by the defendant

Alternatively, some jurisdictions consider “per diem” calculations, assigning a daily monetary value to the plaintiff’s suffering for the duration of recovery.

Examples of General Damages

General damages can arise in a wide range of personal injury and contract cases. Common examples include:

  • Pain and suffering resulting from car accidents, slips and falls, or medical malpractice.
  • Emotional distress caused by traumatic experiences like wrongful termination or harassment.
  • Loss of companionship in wrongful death lawsuits.
  • Disfigurement or scarring from burns, surgeries, or other injuries.
  • Loss of reputation in defamation or libel cases.

These examples demonstrate that general damages compensate for intangible harms that are not easily assigned a precise dollar amount.

Frequently Asked Questions

  1. What’s the difference between general damages and special damages?
    General damages compensate for intangible harms like pain and suffering, while special damages cover specific financial losses like medical bills.
  2. How are general damages calculated?
    Courts often use a multiplier of the plaintiff’s special damages or assign a daily value to pain and suffering.
  3. Are general damages capped?
    Some states impose caps on general damages, especially in medical malpractice or government claims.
  4. Do I need expert testimony to prove general damages?
    While not always required, expert testimony (e.g., from a psychologist or medical professional) can strengthen claims for emotional distress or ongoing pain.
  5. Can I claim general damages for a breach of contract?
    Yes, but they are typically awarded only when the breach causes non-economic harm, such as loss of reputation or emotional distress.

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