Does the difference relate to the damages’ location? Does it relate to their size? Does it concern the method of payment or the method used to calculate the damages’ value. No, none of those answers explains the basic difference between a general and a special damage. That basic difference relates to the features of the category into which one of those two types of damage would be placed, if it were included in a list presented to the jury, during a personal injury case.
Features of the general damages
Each of those flows freely from the consequences of one person’s negligent behavior. The legal system guarantees the free nature of its “flow,” in two ways. According to the legal system, the defendant must accept the plaintiff as he or she manages to operate in society.
If the plaintiff has learned how to enjoy a full and useful life while dealing with a pre-existing medical condition, then the defendant needs to accept that fact. At the same time, the defendant’s actions must conform to the rule that no person should be forced to face an added amount of danger. Calculating the precise value of a general damage can prove quite challenging. Each such damage is hard to calculate. A list that includes any damage that can be categorized as “general” includes the losses associated pain and suffering, disfigurement, physical impairment, mental anguish, loss of companionship and loss of a quality of life.
Features of special damages
Each of these has resulted from a financial loss, one suffered by the accident victim. A list that includes each special damage contains figures for losses suffered as a the result of repair costs, lost wages, medical expenses, loss of irreplaceable items, loss of companionship and losses that result from out-of-pocket expenses.
Each of these should prove easy to calculate. Still, that fact does not make it any easier for the plaintiff to manage in the absence of the lost item or the last funds. In addition, the plaintiff gets handed a special responsibility, if he or she has lost any property. The jury wants to see proof of the value linked to that same piece of property. In other words, the jurors will not compensate for loss of property, unless that loss has been proven.
Sometimes a jury needs to hear the arguments concerning the victim’s medical expenses from the personal injury lawyer in Lethbridge. At times, an expert in medicine offers testimony that can prove the slow-moving nature of the healing process, as an injured victim seeks to treat such an injury. By coincidence, some of the injuries that heal quite slowly give an insurer plenty of time to carry out the difficult task of calculating the same injury’s value.