What are general damages and special damages?

Asked by: Ms. Virginie Jacobs DVM  |  Last update: August 1, 2022
Score: 4.2/5 (25 votes)

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 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 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.

What are examples of general damages?

General 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 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 SPECIAL AND GENERAL DAMAGES?

28 related questions found

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 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 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 special damages in contract law?

Special Damages. Special damages (also called “consequential damages”) cover any loss incurred by the breach of contract because of special circumstances or conditions that are not ordinarily predictable. These are actual losses caused by the breach, but not in a direct and immediate way.

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.)

What are the 5 types of damages?

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

How do you prove special damages?

Receipts, invoices, or the fair market value of damaged property can be used to prove your special damages. Any of the following losses may be considered special damages: The cost of repairing or replacing damaged or destroyed property, such as your vehicle.

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.

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.

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 is the meaning of 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.

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 the 4 types of damages available for breach of contract?

Today, we're looking into four types of damages you may be able to receive in a breach of contract case.
  • Compensatory damages. ...
  • Punitive damages. ...
  • Nominal damages. ...
  • Liquidated damages.

What are the 3 remedies at law?

There are three types of equitable remedies: specific performance, injunction, and restitution.

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 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 are the two types of compensatory damages?

There are two types of compensatory damages—general and actual. Actual damages are intended to provide funds to only replace what was lost. General compensatory damages awarded are more complex, as these compensatory damages do not represent a monetary expenditure.

What are different types of damages?

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

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 does specials mean in personal injury?

The Insurance Company's Damages Formula

These expenses are referred to as "medical special damages" or simply "specials." That's the base figure the adjuster uses to figure out how much to pay the injured person for pain, suffering, and other nonmonetary losses, which are called "general" damages.