Battle Born Injury Lawyers | June 3, 2025 | Personal Injury
If you get hurt in an accident in Las Vegas, you can seek legal recourse. Damages usually come in two main types: special damages and general damages. These legal terms appear in almost every personal injury case. However, they have different purposes.
Generally speaking, the difference between special damages and general damages is that one covers measurable financial losses, while the other accounts for subjective, non-economic harm. Understanding how the state defines and calculates damages can help you grasp a settlement offer or jury award.
What Are Special Damages?
Special damages, or economic damages, pay for direct financial losses from an accident or injury. These are concrete, documented costs that can be verified with bills, receipts, or wage statements.
Examples include:
- Medical expenses: Hospital bills, physical therapy, medications, surgery, and follow-up visits.
- Lost income: Wages you lost while recovering, including sick days, paid time off, or reduced hours.
- Future medical costs: Projected treatments, surgeries, or long-term care you’ll need after the case ends.
- Loss of earning capacity: If your injury affects your ability to return to your previous job or limits your future income.
- Out-of-pocket expenses: Transportation to medical appointments, assistive devices, home modifications, or childcare during recovery.
- Property damage: Repairs or replacement costs for damaged vehicles or personal items.
Special damages are relatively straightforward. They rely on documentation and are calculated based on actual costs.
What Are General Damages?
General damages are non-economic losses. These are the intangible effects of an injury—real but not easily measured in dollars.
Examples of general damages include:
- Pain and suffering: Ongoing physical discomfort, chronic pain, and the long-term impact on daily life.
- Emotional distress: Anxiety, depression, PTSD, or other mental health struggles caused by the incident.
- Loss of enjoyment of life: When injuries prevent you from participating in hobbies, sports, or social activities.
- Loss of consortium: Damage to relationships or companionship, especially in serious or disabling injuries.
- Scarring or disfigurement: Visible changes to appearance that impact confidence or emotional well-being.
General damages are more subjective and often a point of contention in settlement negotiations. There’s no receipt for pain, but courts and insurers still assign value based on severity, duration, and the overall impact on your life.
How Are These Damages Calculated in Nevada?
Nevada does not use a fixed formula for calculating general damages, but the state allows juries and adjusters to consider:
- The severity of the injury
- The length of recovery
- Whether the injury is permanent
- The impact on quality of life and relationships
Some insurers estimate general damages by multipliers, typically between 1.5 and 5. For example, if your special damages total $20,000 and your pain and suffering multiplier is 3, the general damages could be estimated at $60,000. But this is just a rough tool, not a legal standard.
There are no caps on general damages in most Nevada personal injury cases, except in specific areas like medical malpractice.
Why the Distinction Matters
Separating special and general damages isn’t just a legal technicality as it directly affects:
- Settlement negotiations: Understanding each category helps ensure you aren’t undercompensated for either your financial losses or personal suffering.
- Insurance strategy: Insurers often try to limit payouts for general damages. Clear documentation of emotional distress, therapy, or pain management can strengthen your claim.
- Tax implications: Special damages for medical bills or lost wages may be treated differently for tax purposes than general damages for pain and suffering. Always consult a tax professional post-settlement.
In serious accidents, general damages often exceed the special damages. A broken leg might cost $15,000 to treat—but the disruption to your life, work, and family could be worth far more.
Contact the Las Vegas Personal Injury Attorneys at Battle Born Injury Lawyers Today
Understanding the difference between special and general damages is key to securing fair compensation after an injury. At Battle Born Injury Lawyers, we know how to value your financial losses and personal suffering.
If you or a loved one were injured in an accident in Las Vegas and need legal assistance, contact our personal injury attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team. We have four convenient locations in Nevada, including Las Vegas, Henderson, and Reno.
We proudly serve Clark County and its surrounding areas.
Battle Born Injury Lawyers – Downtown Las Vegas Office
400 S 4th St Suite 290,
Las Vegas, NV 89101
(702) 357-4868
Battle Born Injury Lawyers – Las Vegas Office
10789 W Twain Ave #100
Las Vegas, NV 89135
(702) 570-9000
Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
(775) 535-7768
Battle Born Injury Lawyers – Henderson Office
8540 S Eastern Ave #200
Henderson, NV 89123
(702) 500-0287
