Craig D. Rosenbaum | February 3, 2026 | Personal Injury
If you’ve been injured in an accident caused by someone else’s negligence, you may hear the term “damages” used frequently when discussing your potential personal injury claim. In legal terms, damages refer to the compensation an injured person may recover for the losses they suffered because of an accident.
Not all damages are the same. In fact, most personal injury claims involve two primary categories of compensatory damages: special damages and general damages. Understanding the difference between these two types of damages is critical because it directly affects how much compensation you may be entitled to receive.
Below, we break down special damages vs. general damages, explain how each is calculated, and why both are essential in a successful personal injury case.
What Are Damages in a Personal Injury Case?
In a personal injury lawsuit or insurance claim, damages are meant to make the injured person “whole” again—at least financially. While money cannot undo physical pain or emotional trauma, it can help cover financial losses and compensate for suffering caused by the accident.
Compensatory damages generally fall into two categories:
- Special damages (economic damages)
- General damages (non-economic damages)
Each type addresses a different kind of loss.
What Are Special Damages?
Special damages, also known as economic damages, are compensation for measurable financial losses resulting from an injury. These damages are called “special” because they are specific, quantifiable, and typically proven with documentation such as bills, receipts, and pay stubs.
Common Examples of Special Damages
Special damages often include compensation for:
- Medical expenses: Emergency room visits, hospital stays, surgeries, prescription medications, physical therapy, rehabilitation, and future medical care related to the injury
- Lost wages: Income lost while recovering, including missed workdays or reduced hours
- Loss of future earning capacity: Reduced ability to earn income due to permanent injuries or disabilities
- Property damage: Vehicle repairs or replacement after a car accident, and damaged personal belongings
- Out-of-pocket expenses: Transportation to medical appointments, medical equipment such as braces or wheelchairs, and home modifications for disability accommodations
Together, these categories of special damages help ensure that an injured person is fully reimbursed for the direct financial losses caused by an accident.
How Special Damages Are Calculated
Special damages are usually calculated by adding up all documented financial losses related to the accident. Because these damages are objective, they are often easier to prove than general damages.
However, calculating special damages isn’t always as simple as totaling existing bills. Future medical treatment, long-term care, and diminished earning capacity often require expert testimony, medical evaluations, and financial projections.
What Are General Damages?
General damages, also known as non-economic damages, compensate an injured person for intangible losses that do not have a fixed dollar amount. These damages recognize that injuries affect more than just your bank account—they impact your quality of life, emotional well-being, and daily experiences.
Common Examples of General Damages
General damages may include compensation for:
- Pain and suffering: Physical pain caused by the injury, both short-term and long-term
- Emotional distress: Anxiety, depression, PTSD, or fear related to the accident
- Loss of enjoyment of life: Inability to participate in hobbies, activities, or daily routines you once enjoyed
- Disfigurement or scarring: Permanent physical changes that affect appearance or self-esteem
- Loss of consortium: Impact of the injury on a marital relationship, including loss of companionship or intimacy
How General Damages Are Calculated
Unlike special damages, general damages are subjective and do not come with receipts or invoices.
Courts and insurance companies often use methods such as:
- The multiplier method: Special damages are multiplied by a number (typically between 1.5 and 5) based on the severity of the injury.
- The per diem method: A daily dollar amount is assigned to the injured person’s pain and suffering, multiplied by the length of recovery.
Factors that influence general damages include:
- Severity of the injury
- Length of recovery
- Whether the injury is permanent
- Impact on daily life and relationships
Because of their subjective nature, general damages are often the most contested part of a personal injury claim.
Key Differences Between Special Damages and General Damages
While both types of damages are designed to compensate injury victims, special damages and general damages address very different types of losses and are calculated in distinct ways.
Special Damages
Special damages are intended to reimburse an injured person for the direct financial losses caused by an accident.
- Economic damages
- Easily quantifiable
- Proven with bills, receipts, and financial records
- Includes medical expenses, lost wages, and other out-of-pocket costs
Because these losses have a clear dollar value, special damages are often the easiest part of a personal injury claim to calculate and document.
General Damages
General damages compensate for the non-financial ways an injury affects a person’s life and well-being.
- Non-economic damages
- Subjective and intangible
- Proven through testimony, evidence, and expert opinions
- Includes pain and suffering, emotional distress, and loss of enjoyment of life
Although harder to measure, general damages are critical to reflecting the true impact an injury has on a person’s daily life and future.
Why the Distinction Matters in a Personal Injury Claim
Understanding the difference between special and general damages helps injured individuals:
- Accurately assess the value of their claim
- Avoid settling for less than they deserve
- Understand what compensation they may be entitled to recover
Insurance companies often try to minimize payouts by undervaluing general damages or disputing future special damages. Having clear documentation and a strong legal strategy is critical to maximizing compensation.
How a Personal Injury Lawyer Can Help
An experienced personal injury attorney plays a vital role in proving both special and general damages by:
- Gathering medical records and financial documentation
- Working with medical and economic experts
- Demonstrating how the injury affects daily life
- Negotiating aggressively with insurance companies
- Presenting compelling evidence in court if necessary
Without legal representation, injured individuals may overlook certain damages or accept settlements that fail to account for long-term consequences.
Contact Rosenbaum Personal Injury Lawyers for a Free Consultation With a Brooklyn Personal Injury Attorney
Special damages and general damages play different but equally important roles in a personal injury claim. While special damages cover measurable financial losses, general damages compensate for the pain, suffering, and lasting impact an injury can have on your life.
Understanding how these damages work is an essential first step toward pursuing the full compensation you deserve. If you or a loved one has been injured due to someone else’s negligence in or around Brooklyn, NY, Rosenbaum Personal Injury Lawyers is here to help. Our experienced legal team can evaluate your case, calculate all available damages, and fight aggressively on your behalf.
For more information, please contact Rosenbaum Personal Injury Lawyers to schedule a free consultation. We have three convenient locations around Manhattan, NY, near you in New York City, The Bronx, and Brooklyn.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor, New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
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