Alright, Utah injury survivors, it’s time to put on your legal thinking caps. Today, we’re diving into the nitty-gritty of personal injury damages. Specifically, we’re decoding the difference between general and special damages. Trust me, this isn’t just legal mumbo-jumbo – understanding this distinction could make a world of difference in your case.

Let’s start with general damages. These are the heavy hitters in the world of personal injury. They’re implied by law and are the natural and necessary result of the injury. Think pain and suffering, loss of enjoyment of life, and emotional distress. The Utah Supreme Court defines them as the “immediate, direct, and proximate result” of the injury.

Now, here’s where it gets interesting. General damages are often called “non-economic damages” because they’re not easily quantifiable. You can’t just look at a price tag or a bill to figure out how much your pain and suffering are worth. It’s more abstract, more… well, general.

On the flip side, we have special damages. These are the number crunchers of the damaged world. They arise from the special circumstances of the case and don’t necessarily result from the injury itself. We’re talking medical expenses, lost wages, and property damage. These are the damages you can typically put a precise dollar amount on.

The Utah Supreme Court describes special damages as “the actual, but not the necessary, result of the injury complained of.” In other words, they’re specific to your situation and might not apply to every similar case.

Here’s a real-world example: Let’s say you’re in a car accident. Your broken arm? That pain and suffering falls under general damages. The medical bills for treating that arm and the wages you lost while recovering? Those are special damages.

Now, why does this matter? Well, in Utah, the distinction can affect how you prove your damages, how they’re calculated, and even whether you can recover them at all. For instance, under Utah’s Personal Injury Protection (PIP) laws, you might need to meet certain thresholds before you can recover general damages in a car accident case.

But here’s the kicker – sometimes the line between general and special damages can be blurrier than a sandstorm in Moab. Take loss of earning capacity, for example. Is it general damage because it’s about future, somewhat speculative losses? Or is it a special damage because it’s tied to specific economic losses? The answer can depend on the specifics of your case and how it’s presented.

Understanding this distinction is crucial when building your personal injury case. It affects how you gather evidence, how you present your case, and ultimately, how much compensation you might receive.

Remember, in the world of personal injury law, knowledge is power. By understanding the difference between general and special damages, you’re better equipped to navigate the complexities of your case and ensure you’re seeking all the compensation you deserve.

So next time you hear a lawyer talking about general or special damages, you’ll know exactly what they mean. And more importantly, you’ll understand just how crucial both types of damages are to your case. Because when it comes to recovering from an injury, every bit of compensation counts. Call us at 877-BURRIDGE or click here to set up a free consultation.