Are general and compensatory damages the same?

What are the different types of damages?

What is an example of general damages?

Examples of general damages include pain and suffering, mental anguish, and loss of consortium. General damages can also include future losses due to loss of earning capacity or future medical care.

What are examples of compensatory damages?

What is the difference between special damages and general damages?

In tort law, special damages are damages like car dents or medical expenses that can actually be ascertained, and they are contrasted with general damages, which refer to damages for things like intentional infliction of emotional distress which do not have a set monetary cost.

What are general and specific damages?

General damages represent the types of damages that can't easily be assigned a monetary value, such as pain and suffering, loss of consortium and emotional trauma. ... Special damages include things like medical bills and lost wages. These are your “out of pocket” expenses.

Which of the following would be classified as general damages?

General damages include pain and suffering, mental anguish, and loss of companionship. Special damages are awarded for out-of-pocket or economic losses such as medical costs, loss or income, or damage to property.

What is the difference between general and punitive damages?

General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.

What are compensatory damages special damages general damages?

Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress.

What are general damages in a civil cases?

General damages or non-pecuniary losses are those damages which cannot be mathematically assessed at the date of trial. The predominant head of general damages in personal injury claims is pain, suffering and loss of amenity although there are a number of other heads of general damages which must also be considered.

How are general damages calculated?

General damages that are awarded for pain and suffering in the U.S. are typically calculated as three to four times the amount of the plaintiff's medical bills and added to the amount that is actually meant to cover the bills.

What are compensatory damages also known as?

Also known as actual damages. The amount of money awarded to a party in a civil action to compensate for an injury or loss caused by another party's unlawful conduct. The purpose of compensatory damages is to make the claimant "whole," not to punish the wrongdoer.

Which of the following is the general goal of compensatory damages?

The goal of compensatory damages is to “make the plaintiff whole.” In other words, an attempt is made to put the person injured in the same position they would have been in without the injury ever occurring. This is generally referred to as the “made whole” rule.

Is pain and suffering general damages?

General damages include things like pain and suffering, which means discomfort and physical pain, but also emotional distress, anxiety, and stress that is linked to the accident and your injuries.

What are the four types of damages?

The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.

What are general damages in law?

General Damages:

General damages compensate a plaintiff for non-monetary aspects of their loss, such as pain and suffering. For example, if John is rear-ended and suffers injuries, he is entitled to damages as a result. Courts will calculate his damages by referencing previous, similar case law.

What are compensatory and punitive damages?

Compensatory damages are given to the injured victim to help pay for medical expenses and other damages created, while punitive damages are meant to penalize the at-fault party.

What are general damages in insurance?

General damages, commonly called “pain and suffering,” are intended to compensate you for non-monetary injuries you experience, such as pain, anxiety, and other suffering you have to endure because of your injury.

What is the difference between compensatory and aggravated damages?

The same conduct may give rise to aggravated and/or punitive damages. Aggravated damages are compensatory while punitive damages are intended to be punishment for wrongdoing. Aggravated damages require proof of injury while punitive damages do not.

How are compensatory damages calculated?

Add up the total replacement cost for your items. Add the other costs and fees that you have incurred in prosecuting the lawsuit, including your attorney fees, postage and filing fees. You can also include other losses for which you are entitled to compensation, such as loss of work or loss of lifestyle.

Can you receive both compensatory and punitive damages?

Judges or juries can award punitive damages in addition to compensatory damages in some lawsuits. California Civil Code 3294 allows juries to award them – but the victim in the case has to prove that the defendant's conduct amounted to malice, oppression or fraud, such as when the case involves intentional harm or ...