What are general and specific damages?

• Physical pain and suffering.
• Disfigurement.
• Physical impairment.
• Mental health issues.
• Loss of love, care, and companionship.
• Reduced quality of life.
• Future pain and suffering.

What is the meaning of 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 3 types of damages?

What are special damages in tort?

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 the two types of damages?

Generally, there are two types of damages: compensatory and punitive. (The term "damages" typically includes both categories, but the term, "actual damages" is synonymous with compensatory damages, and excludes punitive damages.)

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 general damages in construction?

It held that general damages and LDs are "underpinned by different considerations": whilst general damages are intended to compensate an innocent party for actual losses suffered as a result of a breach; LDs are intended to be a genuine pre-estimate of the likely losses that would be suffered in the event of a breach.

What are the 5 types of damages?

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

What are general damages a level law?

General damages is compensation awarded for pain, suffering and loss of amenity. Loss of amenity means the inability to complete activities, either temporarily or permanently, after an accident, which could be undertaken before, e.g. being unable to pursue certain hobbies or socialise with friends.

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.

How are general damages calculated?

General damages will be calculated based on the level of pain and suffering you have experienced as a result of your personal injury or illness. Medical evidence will be used to support this element of your claim.

What are different types of damages?

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

What are the 3 types of compensatory damages?

The three types of damages are economic damages, non-economic damages, and punitive damages.

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.

What is general loss?

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 is ordinary damage?

Ordinary Damages or General Damages

Damages that arise in the ordinary course of events from the breach of contract are called ordinary damages. Damages arising out of natural and probable consequences of breach of contract are also considered an ordinary damage.

Are compensatory damages the same as 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.

Are special damages compensatory?

Special and general damages are both types of compensatory damages in a personal injury lawsuit. Compensatory damages are designed to compensate an injured victim for the expenses and losses he or she incurred due to a defendant's mistake.

What is specific performance?

Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.

What three 3 Things Must a court consider in reviewing punitive damages?

To ensure that unconstitutional punishment is not imposed in the form of punitive damages, the Court has set forth three "guideposts" for courts to consider in reviewing punitive damages awards: "(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm ...

What are special and general damages within a PI case?

General damages is the term used for compensation payable for pain, suffering and loss of amenity arising out of the injuries sustained in an accident, which may be physical and/or psychological. Special Damages is the term used to refer to any actual financial losses incurred as a direct result of the accident.