Are general damages economic damages?

Asked by: Cristian Brown  |  Last update: February 19, 2022
Score: 4.7/5 (64 votes)

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.

Are general damages non-economic?

In California, you can file a personal injury lawsuit to seek financial relief for the full extent of your losses. Personal injury damages fit into two primary categories: Special damages are economic losses, such as medical bills and lost wages. General damages are non-economic damages, such as pain and suffering.

What are considered economic damages?

Definitions. Economic damages refers to compensation for objectively verifiable monetary losses such as past and future medical expenses, loss of past and future earnings, loss of use of property, costs of repair or replacement, the economic value of domestic services, and loss of employment or business opportunities.

What are general damages?

Damages that arise directly and inevitably from a breach of contract. In other words, those damages that would be theoretically suffered by every injured party under these circumstances.

Are general damages actual damages?

Compensatory damages, also called actual damages, are typically broken down into two categories: general and special. General damages arise naturally and logically from a defendant's conduct or breach of contract. They are the immediate, direct, and proximate result of an injury or breach of contract.


19 related questions found

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 the two main categories of general damages?

The money awards (known as “damages”) available through the courts can be broken up into two main categories: pecuniary and non-pecuniary.

What are general and specific damages?

Like ordinary damages are the right of the aggrieved party whatever loss he has suffered it will get but special damages get in a special situation so it might not get in all the situations.

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 are special 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 economic and non-economic costs?

Economic damages are those that directly relate to the “bottom line cost” of plaintiff's injury. For example, past medical bills arising from plaintiff's injury clearly fall under economic damages. ... Non-economic damages look more to compensating for the intangible loss of plaintiff's injury.

Are economic damages compensatory?

After an injury-causing accident, there are essentially two types of compensatory damages: economic and noneconomic. The purpose of these damages is to provide victims with the money necessary to replace their losses.

What is an example of economic loss?

Examples of pure economic loss include the following: Loss of income suffered by a family whose principal earner dies in an accident. The physical injury is caused to the deceased, not the family. Loss of market value of a property owing to the inadequate specifications of foundations by an architect.

How do you determine non-economic damages?

5 Factors That Determine Non-Economic Damages?
  1. The severity of the intangible injury.
  2. The length the intangible injury will last.
  3. The number of different impacts the intangible injury will have. ...
  4. The total cost of the intangible injury on your quality of life.

What is the difference between economic and noneconomic damages?

While economic damages are usually intended to help restore a person to their original condition, non-economic damages are a form of compensation that accounts for an injured person's pain, emotional distress, suffering and other similar issues related to an accident.

What is non-economic loss?

Non-economic losses are sometimes referred to as general damages, and they comprise the less tangible elements of sustaining a serious injury or illness. ... The maximum payout for non-economic losses is currently $350,000 under the Civil Liability Act 2002.

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 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 can be claimed under general damages?

General damages can include:
  • Physical pain.
  • Mental pain.
  • Pain and suffering.
  • Physical impairment.
  • Loss of ability to perform certain functions.
  • Loss of quality of life.
  • Loss of companionship.

What are general damages in Canada?

General damages are paid for pain and suffering and loss of enjoyment of life. There's a maximum amount that the court will award for this type of compensation. This cap is determined by reference to a 1978 case (three of them actually) from the Supreme Court of Canada.

Are aggravated damages general damages?

Aggravated damages by definition will generally increase damages assessed under the general rules relating to the assessment of damages. Aggravated damages are compensatory and may only be awarded for that purpose.

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.

What are the two types of economic loss?

There are two main types of economic loss: pure economic loss and consequential economic loss. Pure economic loss is usually defined as financial loss that excludes property damage. In other words, in cases of pure economic loss, the only thing that is lost is money.

What are the different kinds of damages?

  • ACTUAL/ COMPENSATORY DAMAGES. Purpose. Actual or compensatory damages simply make good or replace the loss caused by the wrong. ...
  • MORAL DAMAGES. Purpose. ...
  • NOMINAL DAMAGES. Purpose. ...
  • TEMPERATE DAMAGES. Purpose. ...
  • LIQUIDATED DAMAGES. Purpose. ...

What are economic losses in law?

“Economic losses” refer to financial loss and damage suffered by a person such as can be seen only on a balance sheet rather than as a physical injury to a person or property.