General Damages

General damages are non-economic, intangible losses that naturally and foreseeably flow from the type of injury in question, without the need for specific proof of each individual item. In contrast to special damages (which require itemized proof of specific financial losses), general damages are presumed to accompany certain types of injuries and are evaluated based on the nature and severity of the harm. Pain and suffering, emotional distress, and loss of enjoyment of life are the most common components of general damages.

The calculation of general damages is fundamentally different from that of special damages. Because general damages represent intangible human suffering, there is no bill or pay stub to look at — juries must use their common sense, empathy, and the evidence presented to arrive at a fair dollar figure. Attorneys often use per diem arguments (assigning a daily value to the plaintiff's suffering) or multiplier methods (multiplying economic damages by a factor reflecting severity) to suggest appropriate general damages amounts to juries.

The types of harm typically included in general damages go beyond simple physical pain. They include the fear and anxiety caused by a serious diagnosis, the depression and grief associated with permanent disability, the loss of independence and dignity that accompanies severe injuries, the impact on intimate relationships within a marriage, the grief of no longer being able to participate in beloved activities, and the social isolation that often accompanies chronic pain and disfigurement. Testimony from the plaintiff, family members, friends, treating mental health professionals, and life care planners all help communicate these losses to a jury.

General damages caps have been a central focus of tort reform efforts across the United States. Critics of caps argue that they disproportionately harm the most severely injured plaintiffs — particularly those who are retired, young children, or otherwise not earning income — because their general damages may represent the largest or only significant component of their total damages. A permanent injury that causes lifelong pain and suffering but does not affect earning capacity may result in minimal special damages but massive general damages.