When someone is injured in an accident, one of the first questions they might ask is: “What kind of compensation am I entitled to?” While every case is unique, personal injury law typically categorizes compensation into two primary categories: special damages and general damages. Understanding these concepts is critical for injured victims, especially in Alaska. The state’s civil laws permit injury victims to recover both the economic losses they can prove, as well as the intangible, non-economic damages they have endured. Knowing the difference between these two categories can help you understand how your claim is evaluated.
Special vs. General Damages: What’s the Difference?
Special damages and general damages form the backbone of nearly every personal injury claim. Each type of damage plays a distinct role in measuring how an accident has changed your life. Special damages are the tangible, financial consequences of an injury. They are sometimes called economic damages. These are the losses you can track, count, and document. General damages, on the other hand, compensate for your non-economic damages. These are the deeply personal harms you suffer as a result of an injury. They include losses like pain and suffering, emotional trauma, and the loss of activities you once enjoyed. Together, these categories provide a comprehensive picture of how an injury affects both your financial situation and your daily life. Insurance adjusters, attorneys, and Alaska courts carefully analyze both types because overlooking even one hardship can result in an unfairly low settlement. Here is a closer look at each type:
Special Damages in Alaska
Special damages represent the measurable financial losses tied directly to your accident. These damages are typically accompanied by supporting documentation, including medical bills, wage statements, repair invoices, and receipts. Some common examples in Alaska personal injury cases include:
- Medical expenses. Hospital bills, doctor visits, surgeries, physical therapy, medications, imaging, and emergency transport.
- Lost income. Wages missed while recovering, including overtime and self-employment income.
- Loss of earning capacity. A long-term reduction in your ability to work or earn a living due to your injuries.
- Property damage. Vehicle repairs, replacement costs, or other damaged personal belongings.
- Out-of-pocket costs. Travel for medical care, childcare during appointments, assistive devices, or home modifications such as ramps or shower bars.
What makes special damages unique is that they vary dramatically from person to person. For instance, in Alaska’s fishing, construction, oilfield, and tourism-heavy industries, an injury that limits physical movement can devastate a person’s earning capacity. On the other hand, a similar injury may not have much impact on a person with a sedentary office job. This is why documenting special damages well is one of the most important steps in building a strong personal injury claim.
General Damages in Alaska
General damages compensate for the invisible injuries. These are the emotional and physical tolls that do not come with receipts but are no less real. These damages often have the greatest impact on a client’s long-term quality of life. Examples of general damages include:
- Pain and suffering. The physical discomfort, limitations, and long-term pain that accompany an injury.
- Emotional distress. Anxiety, depression, grief, humiliation, and psychological trauma.
- Loss of quality of life. The inability to participate in hobbies, recreation, or daily activities you once enjoyed.
- Disability or disfigurement. Scarring, permanent bodily changes, or the loss of bodily function.
General damages are more challenging to quantify because they are subjective, so Alaska courts often rely on:
- Medical records
- Expert opinion
- Testimony from doctors, therapists, and family members
- The victim’s personal statements
- The severity and permanency of the injuries
Insurance companies frequently dispute general damages because they represent a large portion of many claims. This is one reason injury victims benefit greatly from having legal representation. Your general damages will require strong advocacy and clear evidence to justify their value.
Examples of Special and General Damages in Personal Injury Cases
Imagine an Anchorage driver is rear-ended. The accident leaves them with a fractured wrist, chronic neck pain, and anxiety about driving. Special damages might include:
- Tens of thousands of dollars in medical treatment
- Thousands of dollars in lost wages after missing three weeks of work
- Thousands of dollars in vehicle repair and rental costs
- Travel expenses to see a specialist in Seattle
- Future treatment or occupational therapy
General damages might include:
- Ongoing pain during daily tasks
- Anxiety when driving, especially in winter conditions
- Loss of enjoyment of hiking or fishing due to wrist stiffness
- Sleep disturbance and emotional distress
Together, these damages tell the full story of how the accident changed the victim’s life.
How Damages Are Calculated in Alaska
There are differences in how to calculate special damages compared to general damages:
Special Damages
Calculating special damages primarily involves adding up receipts, medical bills, and documented losses. Insurance companies in Alaska rely heavily on this documentation to determine the baseline value of a claim.
General Damages
General damages require a much more nuanced analysis—typically, courts consider:
- The severity and permanence of the injury
- The impact on the victim’s everyday life
- The length and difficulty of recovery
- The emotional and psychological effects
One method frequently used to calculate these damages is called the multiplier method. This is where the total special damages are multiplied by a number (often between 1.5 and 5) to estimate general damages. Alaska courts may also use the “per diem” method or consider comparisons to past cases. The method used will depend on the facts, the credibility of evidence, and the skill of the attorneys involved. In Alaska, general damages may also be capped depending on the facts of the case.
Contact Our Anchorage Personal Injury Lawyers for a Free Consultation
Navigating a personal injury claim in Alaska can be overwhelming. At Farnsworth & Vance Personal Injury Lawyers, we help injury victims understand their rights, build strong claims, and fight for full compensation. If you have questions about general damages, special damages, or any aspect of your personal injury claim, we’re ready to help. Contact our Anchorage personal injury attorneys today for a free consultation.
For more information, please contact Farnsworth & Vance Personal Injury Lawyers to schedule a free consultation. We have two locations in Alaska, including Anchorage and Eagle River.
Farnsworth & Vance Personal Injury Lawyers – Anchorage 2525 Gambell St #410, Anchorage, AK 99503 (907) 290-8980
Farnsworth & Vance Personal Injury Lawyers – Eagle River 13135 Old Glenn Hwy, Suite 101 Eagle River, AK 99577 (907) 802-4097
