From the perspective of accident victims, the prime concern in nearly all car accident cases deals with damages, the financial compensation they will receive for their bodily injuries. This is what clients want to address when they first consult with an attorney. This is why clients seek advice from a lawyer in the first place.
Let’s start to examine damages for bodily injury.
Let’s start by first recognizing the two broad categories of damages: (1) special damages and (2) general damages.
What are they?
Special damages are “out of pocket” damages, as a general rule. They are damages that can be measured and calculated, usually represented by costs incurred already or costs that can be reasonably expected in the future.
After identifying the recoverable damages for a particular case, the process of obtaining evidence to support each starts.
General damages are such damages that cannot be pegged with any monetary precision. Though they are an important component of all claims of bodily injury, they may be the toughest to prove.
When considering general damages, we may typically think of the physical pain and suffering experienced by accident victims; however, general damages may also include emotional suffering and loss of enjoyment of life.
It is difficult in many cases to objectively prove an accident victim’s pain and suffering.