General damages
- Often refers to pain, suffering and loss of enjoyment
- May include non-financial consequences
- Valuation is fact-specific
- Terminology is not uniform everywhere
Accident Claims Comparison
General Damages vs. Special Damages
Traditional legal terminology often separates less readily measurable losses from specific financial losses, but usage varies by jurisdiction.
Bottom line: Use the terminology adopted by the governing jurisdiction rather than assuming these labels are universal.
At a glance
Special damages
- Often refers to quantifiable financial losses
- May include bills, wages and expenses
- Usually supported by documentary proof
- Some jurisdictions use the term differently
| Question | General damages | Special damages |
|---|---|---|
| Nature | Human and non-financial loss | Specific financial loss |
| Evidence | Medical evidence, testimony, function records | Receipts, invoices, employment and tax records |
| Calculation | Judgment-based | Arithmetic or expert projection |
| Terminology | May overlap with non-economic damages | May overlap with economic damages |
| Caution | Caps and thresholds may apply | Pleading and proof rules vary |
How to use this comparison
A label is only a starting point. Identify the actual decision, preserve the evidence needed for both possibilities, and confirm the local rule before signing a release, missing a deadline, or assuming one route is unavailable.
Questions to ask
- Which jurisdiction and policy control?
- What deadlines or notice duties apply?
- What evidence supports each interpretation?
- What happens if the first approach fails?
- What is the net result after fees, costs and delay?
Documents to preserve
- Insurance policy and correspondence
- Police or incident reports
- Medical and treatment records
- Photographs, video and witness details
- Expense and income-loss records
Frequently asked questions
Is general damages always better than special damages?
No. The appropriate path depends on the facts, governing law, available evidence, cost, timing and the visitor’s objective.
Can both concepts apply to the same accident claim?
Often yes. Many legal and insurance concepts overlap or occur at different stages of the same matter.
Why does jurisdiction matter?
Definitions, deadlines, fault rules, benefits, damages and procedures can differ by state, province or country.
What should I document before deciding?
Preserve the event timeline, photographs, reports, medical records, insurance correspondence, expenses, lost-income evidence and all applicable deadlines.
Last reviewed August 4, 2026. This comparison is general educational information and may not describe the law or insurance system where you live.