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of the vehicle before the accident, and the fair market vehicle after the

accident.
General Damages (including “Pain and Suffering”). Unlike

special damages, general damages are not as easy to quantify. General
damages include the non-economic damages resulting from the accident.
This includes “pain and suffering,” which is a legal item of damages. The

measure of these damages is the “enlightened conscious of a fair and
impartial jury,” which is a legal way of saying that your pain and suffering

is worth what a jury of your peers believes it is worth. Examples of general
damages that one may receive as a victim of another’s negligence include:
- Physical Pain and Suffering

- Physical Disfigurement
- Physical Impairment
- Lowered Quality of Life

- Mental Anguish
- Anxiety, Shock, and Worry
Punitive Damages. In some auto accident cases, there may be

aggravating circumstances that would warrant punitive damages. This
type of damage is awarded to a plaintiff to deter the defendant from

engaging in certain conduct. These damages are usually awarded if the
defendant’s actions showed willful misconduct, malice, fraud,
wantonness, oppression, or a conscious indifference to the consequences

of his or her actions. If any of these things can be shown, then the plaintiff
may be entitled to punitive damages. A classic example of an award of

punitive damages in a motor vehicle accident is where the defendant
causes injury while driving under the influence of alcohol or drugs. In
these circumstances, punitive damages are warranted to deter the

defendant from driving under the influence of alcohol or drugs in the
future.
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