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What Do General Damages Mean in Insurance?

What Do General Damages Mean in Insurance?

Written by George McCoy on . Posted in Car Accident, General Law, Personal Injury.

If you’ve been hurt in an accident, you’ve likely encountered a number of unfamiliar terms in the process of filing a claim. One phrase that might be unclear is “general damages.” This insurance term refers to damages related to the emotional, mental, and physical hardships you’ve experienced, like pain, anxiety, or loss of enjoyment of life. These non-economic damages don’t show up on your hospital bill, but they’re often what affect you the most after an accident.

While your medical bills and lost wages fall under economic damages, general damages in insurance are the invisible ways your life has changed. Maybe you can’t sleep without discomfort, or maybe you’re dealing with a level of stress that wasn’t part of your life before the injury. Insurance companies are supposed to compensate you for those changes, but it often requires much more than just explanation and proof to get a fair settlement.

When you have a better understanding of how insurance handles general damages, it becomes easier for you to make informed decisions about your claim. This article will walk you through common types of general damages and how their impact is calculated and proven in an insurance claim.

Types of Losses Covered by General Damages

A personal injury can result in more than medical bills or missed income. When your daily routines change due to lingering pain or when your confidence is lost because of anxiety or emotional trauma, in the world of insurance, those changes fall under the category of general damages. These are not just incidental effects; they reflect meaningful disruptions to your quality of life.

Compensation for general damages covers losses tied to physical pain, mental suffering, and reduced enjoyment of life. This can also involve the emotional strain caused by limited mobility, difficulty sleeping, or strained relationships. Even when recovery is expected, a temporary inability to live normally can lead to compensation under this category.

Since every person’s experience is different, general damages are inherently subjective. They reflect how the aftermath of an injury impacts the personal aspects of daily living, even in the absence of receipts or invoices. A long recovery period, persistent discomfort, or changes in behavior, for instance, can all be considered general damages in an insurance claim.

When properly documented and communicated, these elements form a compelling basis for determining appropriate compensation and helping the injured person bridge the gap between medical treatment and emotional recovery.

How Non-Economic Losses Are Calculated

Unlike medical expenses or repair estimates, non-economic damages don’t come with specific costs, so assigning a monetary value to your pain or psychological suffering requires a different kind of evaluation. In most cases, calculation methods are designed to approximate what these experiences are worth to you.

One approach is the multiplier method, where the total amount of economic damages is multiplied by a number reflecting the severity and longevity of the injury’s impact on you. Another is the per diem method, which assigns a daily rate for your suffering that is then multiplied by the number of days the effects persist. Each method attempts the difficult task of translating your intangible suffering into financial terms.

The actual number used in these formulas can vary widely depending on your medical diagnoses, length of recovery, limitations on your daily life, and psychological effects such as anxiety or depression. What may seem like a minor injury on paper can be much more significant when chronic discomfort or emotional disruption is taken into account.

Because these calculations aren’t exact, insurance companies often start with low offers. Keeping comprehensive documentation is necessary for conveying the full value of your general damages in your insurance claim. When reinforced by legal support familiar with local insurance tactics, claims tend to result in more appropriate compensation.

Supporting Evidence

General damages are based on how an injury affects your life in real terms, and insurers rely heavily on supporting materials to justify financial compensation to you. Your medical records are one of the most effective tools for showing the effects of pain and emotional hardship. If your treatment continues beyond initial care, such as through physical therapy or counseling, it becomes clear that the injury has ongoing consequences for you.

Psychiatric evaluations or notes from specialists can also demonstrate the extent of your emotional distress, and personal records, like journals or pain logs, help provide even further insight into your experience. These entries offer a timeline of your symptoms, struggles, and setbacks. Even though they’re informal, they reveal a day-to-day account of how your life has changed, helping to support your case beyond standard paperwork.

Statements from friends, family, or coworkers who have noticed shifts in your behavior or witnessed your emotional challenges can also help support your claim. These different perspectives can show that your suffering isn’t isolated or exaggerated; it’s noticeable to others, and it’s consistent over time.

Lasting Impact of Non-Economic Losses

Long after a cast is removed or a scar begins to fade, the effects of an injury often remain. When trauma lingers as anxiety, isolation, or chronic discomfort, those experiences need to be acknowledged. The purpose of general damages in an insurance claim is not to put a price on your pain but to ensure that your suffering is recognized in legal and financial terms.

The decisions you make early in the claims process can shape the outcome for years to come. Take the time to reflect on how an injury has impacted your work, relationships, hobbies, and mental health. When a claim is rushed or undervalued, it can leave you without the support you need to complete your recovery. The attorneys at Warren Allen LLP will help you move forward with clarity and fairness, advocating on your behalf and with your best interests in mind. Remember, your emotional well-being and your ability to return to a fulfilling life are just as important as paying any medical debts.

Personal injury attorney shaking hands with male client and his wife.

What Are the Responsibilities of a Personal Injury Lawyer?

Written by George McCoy on . Posted in Personal Injury.

When you experience a personal injury, which can be an injury to the mind or body, it isn’t always easy to get the compensation you deserve. Figuring out who will pay for your expenses can be a huge hassle, and finding a way to get it resolved may seem impossible on your own. Though it may seem simple enough to prove your injury, this process can often become more complex and require a professional eye to investigate, prove, and argue your case.

A personal injury lawyer will assist you in receiving compensation after suffering from such an injury by doing the handwork, which involves more steps than you’d expect. Our lawyers at Warren Allen LLP serve Oregon and have experience with many types of personal injury cases. We can provide the help you desperately need during situations like this. A personal injury lawyer takes on a variety of tasks to ensure that you get the compensation you deserve. Here are a few of the responsibilities that personal injury lawyers have.

Be Qualified and Educated

Not everyone is qualified to represent you and your personal injury case. A qualified personal injury lawyer will have completed extensive education to receive their title, giving them the knowledge to navigate your situation in the smartest way possible. This includes obtaining an undergraduate degree and then going on to complete training at an accredited law school.

After obtaining both degrees, an individual will also have to take a series of tests to prove their knowledge of the law. The Law School Administration Test (LSAT), Multistate Professional Responsibility Examination (MPRE), and the bar exam are all tests that personal injury lawyers are required to pass. Depending on the state you live in, there may be even more examination requirements for your lawyer. A professional personal injury lawyer will have made these qualifications their responsibility before providing services.

Investigate the Claim

Once you hire a personal injury lawyer to take on your case, that person will be responsible for gathering the information needed to prove your right to compensation. This goes much further than a simple “he said, she said.” A personal injury lawyer will collect significant evidence to support your case. This can include acquiring surveillance footage of your accident, finding witnesses, hiring an investigator to further look into the situation, and obtaining police reports.

These lawyers will gather all the necessary information and examine it as evidence to support your case. Gathering all of this evidence can be a difficult task, but having enough of it can make the difference between winning and losing your case. A good personal injury lawyer will take this responsibility seriously and do everything in their power to gather as much evidence as they can.

Explain Your Rights to You

Not everyone is as well-versed with the law as a personal injury lawyer, and that’s okay. The education that a personal injury lawyer receives gives them more knowledge than the average person about the law, which can be a relief when you aren’t sure about what rights you have regarding your personal injury. The law was created to protect individuals in situations like this, but it’s up to your team to know which laws can protect you.

It’s your lawyer’s job to explain to you what rights you have regarding your personal injury as well as the compensation you’re eligible for. Once they fully understand your case and have collected the proper evidence, your lawyer will be able to tell you what you should expect from your injury and what you’re entitled to receive because of it.

Communicate with Insurance Companies

Depending on how you sustained your personal injury, you may have to deal with an insurance company that’s in charge of your compensation. Insurance companies may not have your best interests in mind, and they may try to offer you compensation lower than you deserve. These situations can become difficult, and knowing how to properly interact with an insurance company is important.

When you have a personal injury lawyer on your side, you won’t have to worry about having discussions with insurance companies, as your lawyer will handle those interactions. They take on the responsibility of speaking on your behalf and conversing in a way that’s in your best interest. With their knowledge from other cases and education, they can work to negotiate a payment that’s fair for you. This can take a lot of stress off you and allow you to avoid potential manipulation from an insurance company.

Prepare the Client for Deposition

In many cases, a deposition is required. A deposition is the process of giving sworn evidence and can often be an intimidating aspect of a personal injury case. It’s the personal injury lawyer’s job to prepare clients for this deposition, by getting all of the facts together in an effort to produce the most honest portrayal of the events that led to injury.

Though the truth isn’t hard to tell, knowing and remembering all of the details necessary to give a full telling of your situation may take practice. Your lawyer will both prepare you for and allow you to practice giving your deposition so that it’s as complete as possible.

Represent You in Court

No one wants to have to go to trial for their case. A lawyer will do everything possible to have your case settled before it gets to that point. Many personal injury cases can be settled much earlier in the process, such as during litigation or mediation or through negotiations. Still, sometimes coming to an agreement can be a challenge and your case will have to go to trial.

If this is the case, your personal injury lawyer will have the responsibility of representing you at trial. This includes presenting the evidence they’ve obtained to a judge and maybe jury and preparing you beforehand for this experience. This situation and the instances that come beforehand are why hiring a personal injury lawyer is so important. Their expertise can get you through this process and lead you to the compensation you deserve.

Person taking picture with phone of Car Crash

What Are the Common Legal Claims in Motor Vehicle Accidents?

Written by George McCoy on . Posted in Personal Injury.

No one expects to be in a motor vehicle accident. Unfortunately, you’re at risk whenever you get into a car. All drivers have a responsibility to be as safe as they can be on the road, but in the instance that you are in a motor vehicle accident, you need to be prepared with a plan of action.

What Kind of Claims Are Commonly Made in Motor Vehicle Accidents?

Motor vehicle accidents are frightening and messy events, and seeking financial settlements from any of the parties involved can quickly become complicated. That’s why before you seek any legal action, you should consult with a trusted law firm, such as Warren Allen LLC. Determining the extent of damages to claim, as well as who should be named in any claims, is best left to the professionals. When it comes to understanding the basics of the claims, the most important things for you to know are the different kinds of damages that can have legal standing. You’re your best advocate when assessing any financial or material loss, so it’s best to be armed with the knowledge of what claims are available to you.

Property Damage Claims

In the event of a collision, insurance can help cover the costs associated with lost or damaged property. Depending on the coverage provided and the extent of the damage, your damages may exceed the amount covered by the policy.

1. Damage to Your Vehicle

After any motor vehicle accident, take your car to a mechanic or garage you trust to get an estimate of the cost of repairs. If the estimate goes beyond any insurance payments, you may be able to seek a claim to cover the remaining bill.

2. Damage to Your Possessions

If any of your possessions have been damaged due to another driver’s negligence beyond the amount that insurance will cover, you may be able to make property damage claims. You shouldn’t expect to be able to make a claim for every single item in your vehicle, but any larger or more expensive items that were damaged or lost in the incident may present a more solid case.

Personal Injury Claims

Often, the more costly expenses from motor vehicle accidents are related to personal harm or injury. This is because injuries sustained from motor vehicle accidents can have a much longer-lasting financial impact, often due to medical treatment or physical recovery. Claims of this nature can cover a wide variety of expenses, so it’s worth keeping them in mind.

1. Medical Expenses

Depending on the severity of injuries suffered by you or anyone else in your vehicle, a motor vehicle accident can result in rapidly building medical bills. Sometimes these bills are covered by either your or the other driver’s insurance, but in the event of more serious injuries, the cost may go far beyond any coverage. Emergency room visits, diagnostic tests like scans or x-rays, and even ambulance rides can quickly balloon medical costs.

Even after the initial emergency room visit, you may be facing even more medical bills for future treatment. Follow up visits, prescriptions, or even surgery may end up becoming necessary, and that’s if there’s a clear path to recovery. In the worst-case scenario, you may end up suffering from a chronic condition due to the collision. Obviously, if you’re recovering from severe physical trauma, you should by no means sacrifice your health for financial reasons. If your current and future medical expenses are growing way beyond your control, you may be able to cover it through a legal claim.

2. Physical Therapy Costs

Similar to medical costs, any physical therapy that you need to receive due to a motor vehicle accident may be covered through a legal claim. This can extend to any rehabilitation to regain physical capabilities you may have lost in the course of the collision, as well as any assistive devices, such as crutches or a wheelchair.

3. Loss of Income

Beyond the straightforward expenses for medical services or physical therapy, you may also be entitled to compensation for wages lost due to a motor vehicle accident. While many insurance plans offer wage replacement funds for individuals who are unable to return to work for medical reasons, it may not be enough to cover the entirety of lost wages. If you end up unable to work for an extended period of time due to a collision, you may be able to make a claim to cover said lost wages. This can extend beyond any wages lost before going to court as well.

If it’s determined that you will be out of work for an extended period of time into the future, you may qualify for additional compensation. This is legally termed as “lost earning capacity,” referring to the income a person will lose due to their inability to return to work in the future. If you’re unable to return to work for some time, or if you’re unable to return to your job at all due to injuries sustained, you may be able to seek a claim to cover the financial loss.

What Should I Do If I’m in a Motor Vehicle Accident?

If you’ve ever been unfortunate enough to be in an accident, you know how confusing and chaotic those first few minutes can be. The best way to walk away from a motor vehicle accident is to already have a concrete plan of action in mind whenever you get into a car.
The first and most important thing to do after a collision is to pull over and assess any injuries. If no one is in immediate need of your help, waste no time in calling 911. Even if you think there are no serious injuries, it’s critical you get professional aid to the scene of the collision.

After that, exchange information with the other driver and document, document, document! It’s extremely important you get a clear picture of the scene and damage in the moment, both for insurance reasons and for any potential legal claims you may end up making. If you aren’t sure whether or not you have a case, reach out to a reputable legal counsel. Motor vehicle accidents are horrible ordeals, but you don’t have to face the aftermath alone.