At RHD Legal, we understand that the aftermath of an injury goes far beyond the financial burdens of medical bills and lost wages. The emotional and physical toll can be profound, and in North Carolina, these non-economic losses are known as general damages. General damages are a critical part of personal injury claims, but they can be challenging to prove.
What Are General Damages?
General damages compensate for the intangible losses that an injury causes. Unlike special damages, which cover quantifiable costs like medical expenses and lost wages, general damages address the deeper, more personal impact of an injury. They include:
- Pain and Suffering: This refers to the physical pain and discomfort caused by your injury. The extent and duration of your pain are key factors in determining the amount of compensation.
- Emotional Distress: Injuries often lead to emotional challenges, such as anxiety, depression, or fear. If your injury has caused significant mental anguish, general damages can help compensate for this suffering.
- Loss of Consortium: Serious injuries can strain relationships, particularly with your spouse. Loss of consortium damages compensate for the loss of companionship, affection, and intimacy resulting from your injuries.
- Disfigurement and Physical Impairment: If your injury results in scarring, disfigurement, or permanent disability, these damages address the impact on your appearance and physical abilities.
- Loss of Enjoyment of Life: When an injury prevents you from participating in activities you once enjoyed, compensation for the loss of enjoyment of life aims to address this reduction in your quality of life.
Why Proving General Damages Is More Challenging Than Special Damages
Proving general damages is inherently more challenging than proving special damages. Special damages, such as medical bills, lost wages, and property damage, have clear, objective monetary values. These can be documented through bills, receipts, and pay stubs, making them straightforward to calculate and prove in court.
General damages, on the other hand, are subjective and lack a fixed monetary value. Pain, suffering, emotional distress, and loss of enjoyment of life are personal experiences that vary greatly from one individual to another. There are no receipts or invoices for these kinds of losses, making it harder to establish their value.
To successfully claim general damages, it’s crucial to present compelling evidence that illustrates the extent of your suffering. This may include:
- Personal Testimony: Detailed descriptions of how the injury has affected your daily life, relationships, and emotional well-being.
- Medical Expert Testimony: Insights from doctors or mental health professionals who can attest to the severity of your pain, suffering, and emotional distress.
- Documentation: Journals, photos, or videos that document the progression of your injury and its impact on your life over time.
The Importance of Strong Legal Representation
Given the subjective nature of general damages, having a skilled personal injury attorney is essential. At RHD Legal, we are experienced in gathering the necessary evidence to build a strong case for general damages. We understand the importance of presenting a comprehensive picture of your suffering to ensure that you receive the compensation you deserve.
Navigating North Carolina’s Contributory Negligence Rule
North Carolina’s strict contributory negligence rule adds another layer of complexity. If you are found to be even 1% at fault for your injuries, you may be barred from recovering any damages, including general damages. This makes it even more critical to have a knowledgeable attorney on your side who can clearly establish the other party’s fault.
How RHD Legal Can Help
At RHD Legal, we are committed to listening to your story and understanding the full extent of your suffering. We know how to effectively present your case to demonstrate the impact of your injuries and secure the compensation you deserve. Our goal is to help you navigate the complexities of the legal system with confidence and achieve the best possible outcome.
If you or a loved one has been injured, don’t face this difficult time alone. Contact RHD Legal today for a free consultation, and let us fight for the justice and compensation you deserve. Call us today – (919) 246-4001
