Are punitive damages special or general damages?

Asked by: Alva Rolfson MD  |  Last update: September 7, 2022
Score: 4.9/5 (14 votes)

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 type of damages are punitive?

Punitive damages are awarded to punish a wrongdoer. There are other modifying terms placed in front of the word damages like "liquidated damages," (contractually established damages) and "nominal damages" (where the court awards a nominal amount such as one dollar).

What are special vs 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 examples of special damages?

Types of Special Damages
  • Property damage.
  • Lost wages and loss of earnings.
  • Medical treatment costs (including past and/or future)
  • Costs toward everyday household assistance necessitated by the injury.
  • Loss of one-of-a-kind items.

What are three 3 types of damages award in a tort case?

There are 3 types of damages: economic, non-economic, and exemplary.

What's the difference between General vs. Special vs. Punitive Damages?

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What do punitive damages mean?

Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.

What is the difference between punitive and compensatory damages?

Compensatory And Punitive Damages

The compensatory damages awarded to plaintiffs are designed to give justice to them after being wronged. Punitive damages are designed to prevent others from being hurt by the same or similar actions.

What is general damage?

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.

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 do most states use as a general guideline for punitive damages?

In most states, the jury is instructed to consider both objective and subjective factors. These factors include the reprehensibility of the defendant's misconduct, the amount of punitive damages that would deter the defendant based on the defendant's wealth, and the nature of the plaintiff's injury.

What is meant by special damages?

DEFINITIONS1. money paid to an injured party in a legal case for financial losses such as loss of earnings, property damage and medical expenses.

What are the 5 types of damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

Which of the following qualifies for compensation as general damages?

General damages award the injured person for the non-monetary losses that they endured due to an accident. Non-monetary losses include pain and suffering, loss of companionship, physical disfigurement, mental anguish, and a general loss of enjoyment in life that results from diminished wellness.

What are the 3 types of damages?

Types of Damages
  • COMPENSATORY. Compensatory damages are generally the most identifiable and concrete type of damages. ...
  • GENERAL. General damages are sought in conjunction with compensatory damages. ...
  • PUNITIVE. Punitive damages are meant to punish a Defendant for particularly egregious conduct.

What are the four types of damages?

One of the most common remedies comes in the form of damages, or monetary awards, which are further broken down into four general categories.
  • Compensatory Damages. Compensatory damages (or “actual damages”) are specifically meant to make up for the plaintiff's losses. ...
  • Punitive Damages. ...
  • Liquidation Damages. ...
  • Nominal Damages.

What do you mean by punitive?

Definition of punitive

: inflicting, involving, or aiming at punishment severe punitive measures.

What are general damages and special damages in tort?

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 damages that is generally not awarded?

Therefore the damages that are generally not awarded are (C) Nominal damages.

What are the 6 types of damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

What does the term general damages mean in law?

This means that courts indemnify an injured party for “physical arrangements which can make [the person's] life more endurable”, or, as stated in Lindal v. Lindal, [1981] 2 SCR 629 p 634, “to substitute other enjoyments and pleasures for those that have been lost”.

What are special damages in insurance?

Special Damages — objectively assessed monies awarded to an injured party for tangible losses, such as wage loss, loss of use, nursing care, and medical expenses.

What is the difference between compensatory damages and special damages?

There are two separate types of compensatory damages: “general damages” and “special damages.” General damages are the non-economic damages, commonly referred to as pain and suffering. Special Damages are economic damages, the medical bills, the lost earnings, all out-of-pocket expenses incurred because of the injury.

What are the 2 types of compensatory damages?

What many may not realize, however, is that there are two types of compensatory damages: actual damages (sometimes called “special damages”) and general damages. Knowing the differences between the two is essential in understanding how courts compensate plaintiffs for the injuries they've suffered.

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 ...

Are punitive damages capped?

Limits on Punitive Awards

California law does not place a cap on the amount of punitive damages that can be awarded in a lawsuit.