If you’ve been injured in a car accident or other incident in Texas, you’re likely wondering what kinds of compensation you can receive. You may have heard terms like special damages and general damages, but what do they actually mean?
Both types are forms of compensatory damages, which are intended to make you whole after an injury caused by someone else’s negligence. Learning about the distinction between them is key to knowing what you can recover and how your personal injury lawyer will build your claim.
What Are Special Damages?
Special damages, also called economic damages, refer to the tangible financial losses that stem directly from your accident. They’re the types of damages that can be easily measured and proven with things like bills and receipts.
Examples of special damages generally available under Texas law include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Out-of-pocket expenses
Since these losses have a clear monetary value, your attorney can calculate them by adding up existing bills and projecting future costs. For example, if you suffered a spinal cord injury and require years of rehabilitation, your special damages would include those anticipated medical expenses.
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What Are General Damages?
General damages, also called non-economic damages, cover the intangible, personal impacts of an accident. These don’t come with receipts but can be just as (if not more so) devastating.
Examples include:
- Pain and suffering
- Emotional distress
- Trauma
- Loss of enjoyment of life
- Scarring and disfigurement
- Conditions like PTSD and anxiety
- Loss of companionship
These damages compensate you for the physical pain and emotional hardship that result from an accident. However, determining their value is more subjective because they can’t be calculated with simple math.
How Do Texas Courts Treat Special and General Damages?
Texas law recognizes both types of compensatory damages in nearly every kind of personal injury case. There is no fixed limit on most special or general damages in ordinary negligence cases, though medical malpractice and some government tort claims may have caps.
The court’s goal is to place you as close as possible to the financial and emotional position you were in before the accident. That’s why juries in Texas are allowed to award both economic and non-economic damages if the evidence supports them.
However, you must prove these damages through credible documentation and testimony. Forms of evidence you can present include medical records, financial documents, expert analysis, photographs, videos, and more.
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How Are These Damages Calculated?
The process for calculating your total compensation depends on the type of damages being measured.
For special damages, your lawyer will usually add up all the direct expenses you’ve incurred and estimate future costs based on medical projections and expert help.
For general damages, attorneys and insurers typically use one of two methods:
- The multiplier method, which multiplies your economic damages by a number (often between 1.5 and 5) based on the severity of your injuries.
- The per diem method, which assigns a daily dollar value to your pain and suffering and multiplies it by the number of days you’re affected.
These methods aren’t exact formulas under Texas law, but they help establish a reasonable framework during settlement negotiations.
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The Role of Comparative Negligence in Texas Personal Injury Claims
Texas follows a modified comparative negligence system with a 51% bar. This means your compensation can be reduced if you’re partly responsible for your injuries. However, you can typically still recover money as long as you are less than 51% at fault.
For instance, if you were awarded $100,000 but found 30% responsible, you could still recover $70,000. This rule applies to both special and general damages.
Insurance companies and other defendants almost always try to use this law to reduce their liability. As a result, it’s important to have an attorney on your side who can combat those arguments appropriately under the law.
What About Punitive Damages in Texas?
In addition to special and general damages, Texas law also allows for punitive damages (sometimes called exemplary damages) in limited cases. Unlike compensatory damages, which are intended to make the victim whole, punitive damages are designed to punish the defendant for particularly egregious or wrongful behavior.
To receive punitive damages, you usually must prove by clear and convincing evidence that the defendant acted with gross negligence, malice, or fraud. This is a much higher standard than what’s required for special and general damages.
How a Personal Injury Lawyer Can Help
Proving both types of damages takes skill and experience, especially in terms of recovering all that you may be entitled to under state law. It’s one thing to receive a lowball settlement offer, but it could be entirely another to actually receive the full value of your claim.
A Texas personal injury lawyer can help by:
- Investigating the cause of your accident
- Collecting and organizing medical and financial records
- Working with doctors and economists to calculate losses
- Presenting compelling evidence of your pain and emotional suffering
- Negotiating with insurance companies for a fair settlement
- Filing a lawsuit and representing you at trial if needed
Your attorney’s goal is to recover both the special and general damages that truly reflect what you’ve lost.
Contact a The Woodlands Personal Injury Lawyer at Attorney Brian White Personal Injury Lawyers for a Free Consultation
Having a firm grasp on the difference between special and general damages can make a major difference in the outcome of your personal injury claim. Both categories are essential to recovering adequate compensation under Texas law.
If you’ve been injured in an accident, The Woodlands personal injury lawyers at Attorney Brian White Personal Injury Lawyers can help you calculate all of your damages and build a persuasive case for the best recovery possible. Most attorneys in this area of the law work on contingency, which means they only get paid if they recover compensation for you. Contact us at (713) 500-5000.
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About the Author Brian White
Brian White earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a Board-Certified Personal Injury Trial Lawyer.
Dedicated to giving back, he actively supports local charities and community initiatives.
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