What are special and punitive 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 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 do you mean by punitive?

Definition of punitive

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

What are special damages in law?

In contract law, special damages (also called consequential damages) refer to irregular damages such as physical injuries during a breach of contract, but general damages would refer to the damages expected from the contract being breached. [Last updated in July of 2021 by the Wex Definitions Team]

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 non punitive damage?

Related Definitions

Non-Compensatory Damages means any and all damages awarded by a court of competent jurisdiction that are penal in nature, including, without limitation, punitive, punitory, exemplary, vindictive, imaginary or presumptive damages. Sample 2.

What are the 5 types of damages?

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

Is emotional distress a special damage?

The victims of accidents and serious injuries often experience emotional distress for years or decades, and some will experience emotional distress for the rest of their lives. In California, emotional distress is considered a form of non-economic damages.

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 do you figure out punitive damages?

What are punitive damages vs compensatory damages?

Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury. Punitive damages are awarded to punish a wrongdoer.

What's the difference between compensatory and punitive damages?

Compensatory damages are given to the injured victim to help pay for medical expenses and other damages created, while punitive damages are meant to penalize the at-fault party.

What are the 2 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.

How often are punitive damages awarded?

However, statistical studies by law professors and the Department of Justice have found that punitive damages are only awarded in two percent of civil cases which go to trial, and that the median punitive damage award is between $38,000 and $50,000.

What's the difference between special and general damages?

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.

What does without proof of special damages mean?

English term or phrase: without proof of special damages. The Recipient agrees that the Discloser will be entitled without proof of special damages to seek the remedies of an injunction and other equitable relief for any actual or threatened breach by the Recipient of this Agreement.

What are special damages for breach of contract?

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 punitive actions?

Punitive describes inflicting a punishment. If someone takes punitive action against you, you'll probably whine and complain — you're in trouble and you're about to get punished.

What is a punitive penalty?

Punitive damages go beyond compensating the aggrieved party and are specifically designed to punish defendants whose conduct is considered grossly negligent or intentional. They are also called exemplary damages when they are intended to set an example to deter others from committing similar acts.

What are punitive strikes?

It is usually undertaken in response to perceived disobedient or morally wrong behavior by miscreants, as revenge or corrective action, or to apply strong diplomatic pressure without a formal declaration of war (e.g. surgical strike).

What is special damage tort?

Thus, where a person's property is damaged as a result of the wrongful act of another, it would usually be possible to quantify the loss in terms of the amount of money involved. When such amount can be determined as in the case of cost of repairs, replacement or restitution, it is referred to as special damages.