Special and General Damages in a Texas Personal Injury Case
Damages fall into two kinds, and the distinction is not academic: special damages are the measurable financial losses, general damages are the human ones, and each is proved a completely different way.
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Special damages: the measurable losses
Special damages, also called economic damages, are the losses with a dollar figure attached: medical expenses past and future, lost income, lost earning capacity, and out-of-pocket costs. They are calculable, and they are proved with documents.
Because they carry a receipt or a record, they are the less-disputed category in principle, though the future components, future medical and lost earning capacity, still require expert opinion to establish.
General damages: the human losses
General damages, also called non-economic damages, are the losses without a natural dollar figure: physical pain and mental anguish, physical impairment, disfigurement, and loss of enjoyment of life. They are real and often larger than the special damages.
They cannot be proved with a receipt, so they are proved with evidence of consequence, testimony, before-and-after accounts, medical opinion on permanence. This is where documentation makes the biggest difference to value.
Why the distinction matters practically
Insurers pay special damages more readily because they are documented, and resist general damages because they are argued. A claim presented as special damages alone, bills plus lost wages, leaves the general damages unclaimed, and no adjuster adds them for you.
In many serious cases the general damages are the majority of the true value, so failing to build and present them undervalues the claim substantially.
Future damages within each category
Both kinds have a future component. Future special damages, future medical and lost earning capacity, are established by medical and economic experts. Future general damages, ongoing pain, permanent impairment and disfigurement, are established by prognosis evidence.
Future damages are frequently the largest part of a serious claim, and they are also the part an early settlement forecloses, which is why settling before the injury stabilizes is costly.
Damage caps, where they apply
Most personal injury claims have no cap on either kind of damages. The important exception is medical malpractice, where non-economic (general) damages are capped, and claims against governmental units, which cap total damages.
So whether a cap applies depends on who the defendant is, and it affects general damages more than special ones.
Exemplary damages are separate again
Exemplary, or punitive, damages are neither special nor general. They are not compensation for a loss but a penalty for gross negligence, available only on clear and convincing evidence and subject to statutory caps.
They are a distinct third category, awarded to punish and deter, not to make the claimant whole.
Summary
| Category | Covers | Proved by |
|---|---|---|
| Special (economic) | Medical, lost income, earning capacity | Documents and records |
| General (non-economic) | Pain, anguish, impairment, disfigurement | Evidence of consequence |
| Future special | Future medical, future earning loss | Medical and economic experts |
| Future general | Ongoing pain, permanent impairment | Prognosis evidence |
| Exemplary | Gross negligence penalty | Clear and convincing evidence, capped |
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Frequently asked questions
Special damages, also called economic damages, are the measurable financial losses with a dollar figure: medical expenses past and future, lost income, lost earning capacity and out-of-pocket costs. They are proved with documents.
Special damages are the measurable financial losses, proved with documents. General damages are the human losses, pain, mental anguish, impairment and disfigurement, which carry no natural dollar figure and are proved with evidence of consequence. General damages are often the larger category.
Because in many serious cases they are the majority of the true value, and a claim presented as documented bills and lost wages alone leaves them unclaimed. No adjuster adds them for you, so they have to be built and presented.
Most personal injury claims have no cap. The exceptions are medical malpractice, where non-economic damages are capped, and claims against governmental units, which cap total damages. Whether a cap applies depends on who the defendant is.
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