What are general damages quizlet?Asked by: Toni Bogan | Last update: February 19, 2022
Score: 4.5/5 (5 votes)
General damages include PAIN & SUFFERING and LOSS OF FUTURE EARNING CAPACITY. ... Under a loss of consortium claim, the plaintiff may recover damages for loss of the spouse's affection, company, and (generally romantic) society.
What is meant by general damages?
the amount of money that a court orders to be paid to a person who has been injured or for something that has been lost or damaged, when it is impossible to judge the value of the pain, loss, etc.: General damages are those damages that can't be weighed or put on a scale.
Which of the following 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 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.
What are general damages in civil law?
Compensatory damages often fall into two sub-categories: general and special damages. 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.
What's the difference between General vs. Special vs. Punitive Damages?
What are types of damages?
- 1] Ordinary damages. On the breach of a contract, the suffering party may incur some damages arising naturally, in the usual course of events. ...
- 2] Special Damages. ...
- 3] Vindictive or Exemplary Damages. ...
- 4] Nominal Damages. ...
- 5] Damages for Deterioration caused by Delay. ...
- 6] Pre-fixed damages.
What are the four types of damages?
The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.
How do general damages differ from 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.
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.
Do general damages include pain and suffering?
General damages are not specifically monetary. Pain and suffering, loss of consortium, and emotional trauma are the main forms of general damages. These are losses that do not have any tangible bills or costs associated with them, but these are still harms that a person suffers and deserves to be compensated.
What is general damage construction?
General damages are a claim against losses caused by the contractor failing to meet their obligations. Unlike LAD, general damages are not predetermined, meaning they need to be quantified and evidenced at the point of claim.
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 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 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 are the 6 types of damages?
- Compensatory Damages. ...
- Incidental Damages. ...
- Consequential Damages. ...
- Nominal Damages. ...
- Liquidated Damages. ...
- Punitive Damages.
What are the 3 types of compensatory damages?
The three types of damages are economic damages, non-economic damages, and punitive damages.
What are compensatory damages quizlet?
Compensatory damages are paid to compensate the plaintiff for loss, injury or harm suffered. Compensatory damages in tort are referred to as reliance damages. Compensatory damages in contract are referred to as expectation damages.
What are the five types of damages that are common in tort cases?
Common torts include:assault, battery, damage to personal property, conversion of personal property, and intentional infliction of emotional distress. Injury to people may include emotional harm as well as physical harm.
What are the kinds of damages in law?
In Philippine laws, there are six kinds of damages, namely: Actual or compensatory Damages. Moral Damages. Exemplary or corrective Damages.
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 do general damages compensate for?
General Compensatory Damages
General damages compensate an injured individual for non-monetary damages incurred in an injury claim. They are called general damages because they address harm that is typically or "generally" sustained in an injury.
Are compensatory 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.
When as a general rule are punitive damages assessed?
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. Punitive damages are normally not awarded in the context of a breach of contract claim.
What are examples of punitive damages?
Individuals can also be ordered to pay punitive damages that injure someone else due to negligent behavior. Examples of this would be drunk driving or distracted driving. In both cases, the defendant would have made a conscious decision to engage in behavior that could easily harm another person.
What are monetary damages?
Monetary damages are a form of judicial remedy that can be awarded to a claimant in compensation for an injury or loss wrong- fully inflicted. 1 This form of remedy is most commonly referred to simply as “damages.” The essence of damages is the payment of money as a release from civil liability.