What are some examples of special damages and some examples of general damages?
Asked by: Dr. Aron Hill | Last update: May 19, 2025Score: 4.5/5 (45 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.
Which of the following is an example of special damages?
Types of Special Damages
The following losses are typically included in special damages awarded in a personal injury claim: Lost wages and loss of earning capacity. Medical expenses, both past and future. Loss of irreplaceable items.
What's included in special damages?
Special damages examples may include:
The cost of making modifications to your home or car to meet your needs. Travel or accommodation costs for you and your family, while they cared for you. Repair or replacement costs - such as repairs to a car or bike after a road traffic accident.
What is the difference between general and actual damages?
They represent out-of-pocket expenses directly stemming from the injury or harm suffered. General Damages: Although part of actual damages, general damages cover the non-economic, more subjective losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
What are special damages in business?
Special damages are also called specific damages. These are your specific, out-of-pocket losses such as medical expenses and lost wages. The easiest way to think about these types of damages is that they are any figure you can prove a specific exact amount either through bills or expert opinion.
WHAT IS THE DIFFERENCE BETWEEN SPECIAL AND GENERAL DAMAGES? SPECIAL AND GENERAL DAMAGES #shorts
What is an example of a general damage?
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.
Are punitive damages special or general?
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 actual special damages?
Examples of special damages are: Medical care (current and future) Disability costs and accommodations. Lost wages, income and earning capacity.
What are actual general damages?
These damages are also called “actual damages”. Compensatory damages include two subtypes: general and special damages. General damages compensate you for direct losses you suffered due to a breach. For example, if your supplier failed to deliver goods on time, you might have needed to purchase replacement goods.
Is emotional distress a special damage?
Emotional distress is recognized as a compensable damage in a California personal injury case. If a victim can prove that he or she suffered emotional distress as an outcome of the accused party's negligence, he or she can recover compensation.
Can you sue for special damages?
California law allows you to recover two types of compensatory damages in personal injury lawsuits: “Special damages” and “general damages.” Special Damages – also called economic damages – include tangible losses such as medical expenses, lost wages, and any other out-of-pocket expenses incurred from the injury.
What is without proof of special damages?
Without proof of special damage means, that the Plaintiff need not prove that she has suffered any resulting damages, as any damage is presumed because of the nature of the defamation.
How to prove general damages?
Bringing in experts
Expert witnesses are invaluable in establishing general damages because their testimony will provide objective evidence as to why the plaintiff is in pain; depressed; unable to do certain activities; or why the plaintiff is able to perform certain functions but has to do them differently.
What are general damages or special damages?
General damages – which cover your actual injuries or medical condition, ongoing suffering, etc. Special damages – which cover the cost of actual financial losses.
How to calculate special damages?
When calculating special damages, your solicitor will need proof, such as receipts, for any costs or expenses you've incurred as a direct result of your injury. Therefore, special damages can cover a range of financial losses, with examples such as: Short-term medical expenses.
What are the special damages a plaintiff might include?
Special damages can encompass a variety of economic losses. Some of the most common components include medical expenses, lost income and loss of earning capacity, property damage, transportation costs, home modification expenses, and household services.
What is an example of general damage?
General Damages Examples
Physical pain. Disfigurement (e.g., permanent scarring or loss of a limb) Physical impairment or disability (e.g., no longer able to walk) Emotional distress (e.g., anguish from the loss of a loved one)
What is an example of special damages in a contract?
Some of the examples of Special damages are: Loss of business opportunities, contract and profits. Damage or loss to business reputation. Loss of time and other inconveniences.
What is an example of actual damages?
Actual Damages / Compensatory Damages
Usually damage awards cover items such as the cost of repairing or replacing your property, lost wages, or other expenses. Actual damages may result from a “tort.” A tort is a civil wrong that someone commits against you -- for example, damaging your car in an auto accident.
Which of the following is an example of special damages quizlet?
Which of the following is an example of Special Damages? It is compensation to an injured party for actual medical expenses and loss of earnings - Special damages are an award to an injured party for actual and known expenses such as bills, loss of earnings, and the costs of repairing or replacing damaged property.
What is an example of nominal damages?
For example, if your neighbor has trespassed on your property, but has not caused any type of damage on your land, you may file a claim for nominal damages. Having the court rule in your favor will be beneficial to you to prevent the neighbor from going onto your property again.
What are actual damages in real estate?
Actual Damages:
In a real estate context, actual damages may include: a. Financial Losses: This may include the difference between the contract price and the market value of the property at the time of the breach.
What is the meaning of general damages?
General damages refers to harm which arises directly and inevitably from a breach of contract or tort . In other words, those damages that would be theoretically suffered by every injured party under these circumstances.
Are future medical expenses special damages?
Special damages include medical expenses for the past and future. To prove your damages, you must show the medical costs were reasonably required because of the injury, and that you received them.
What are special or punitive damages?
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.