GENERAL DAMAGES — WHAT IT IS, AND WHY IT IS SO IMPORTANT FOR YOUR CASE
General damages are the non-economic damages, commonly referred to as pain and suffering or duties under duress. To put simply, these are injuries and pains that you suffered that cannot be shown directly on some bill, invoice, or medical report. That does not mean these are not real injuries. General damages are legally recognized under California law and you have a legal right to recover for these non-economic damages.
As your attorneys, we are here to help you recover these general damages. To do that, we ask you give us a detailed look into your life. I understand that this process may be difficult considering the circumstances. However, in order for us to help you recover proper compensation, please understand and keep in mind that this is one of the most important parts of your case, and only you can help. Therefore, you should take this seriously and set aside at least a week to get this done correctly.
In addition to your own written statement about your life and how you were impacted, we ask that you provide us as much documentary evidence as possible in the form of (just as an example): photographs, videos, e-mails, letters, membership passes to gyms, theaters, clubs, etc., plane tickets and itineraries, travel plans, screenshots of your social media or other internet websites that show you involved in some past activity (like marathon, cooking, traveling, etc.), awards, etc. If it is something you can print or email, then it is tangible evidence, and something we can likely use.
Keep in mind that the more detailed you are, the more we can do for your case. Example of what not to say is “I used to run but now it hurts.” This is not helpful as it lacks the details we need to fight for you. Please see below for just a short list of examples of the level of detail we need. Please list all activities, hobbies, duties, and anything else that has been impacted by this incident.
Examples:
I used to cook for my family every night, and I did for 10+ years. I began cooking at the age of 8 with my grandmother. I watch all the cooking shows on TV. It brings back wonderful memories of my childhood. I wanted to pass this passion onto my kids. Now I cannot cook because I cannot hold a knife, spatula, or anything in my hand without it hurting. My back also hurts when I stand too long. Cooking is my passion and now I have to resort to takeout, frozen food, etc. My favorite dish to make is lasagna. I haven’t been able to make it since the crash a year ago. I think about this often and it makes me depressed. (Attach photos of cooking with grandma and kids, thoughtful kitchen layout, Netflix history showing all cooking shows being watched, etc.)
I love to run and work out. I have marathon medals as far back as 2002, and I was a member of my high school’s cross-country club, and I have had a gym membership for 13 years. I have a big circle of friends involved in these activities. Running is without a doubt my #1 passion and hobby and something I have planned on doing for the rest of my life. I have now been resting most of the days on bed, my weight has gone up, and I am feeling anxious about how I might never get to run a marathon again. I had to cancel 1 marathon already because of the crash. I don’t have hopes of signing up for any more. I have not returned to the gym since the accident. (Attach photos and videos of running, social media group chats with gym friends, personal records for weight lifts, etc.)
I am a parent and my primary joy is spending time with my young kids. As they are very young, I am on my hands and knees or bent over to help them and properly care for them on a daily basis. Because of my injury, I can no longer lean on my arms without sharp shooting pain. I just can’t do it or risk further pain or injury. So, I can no longer hold my child as I used to do every single day since they were born. The source of my happiness has been taken from me and I am sad even when my babies are sitting a few feet from me, because I cannot hold them like I used to. (Attach photos of family happily together, photo of lifting kids or taking care of kids, etc.)
My creative outlet is the only thing that keeps me happy after a long day at work. I like to draw pencil sketches and practice playing the piano. Ever since the accident, my hands hurt even when I am just sitting still. It is not possible to even try to play the piano or to sketch because of the pain and my fear that I will make it worse. I don't know how to get better at my passion when my healthy hand has been taken from me. I now listen to music and watch TV to try to get some of my creative outlet but it is just not the same. (Attach photos of drawings, recordings of piano playing, sheet music for songs they are learning, etc.)
Other common activities that people often forget to discuss, even if it impacted them:
Traveling
Hiking
Volunteer work
Walking around the neighborhood
Mall walking/browsing
Sports of any kind
Martial arts
Video games
Creative outlets (music, illustrative arts, dancing, singing)
Sitting for long periods (inability to play chess or sit through movies, studying, reading)
Lying down for long periods (inability to sleep well or get good rest)
Standing for long periods (inability to give a speech, cook, vacuum, use a standing table)
Taking care of dependents, including the elderly
Dating
Sexual activities