What is the difference between compensatory damages and special damages?

Asked by: Raquel Sanford  |  Last update: August 30, 2022
Score: 4.7/5 (51 votes)

The main difference between these two types of damages is that they are directed toward different parties of a civil claim. Compensatory damages are awarded to benefit the plaintiff and to help him or her cover the costs of an accident and/or injury.

Are special damages the same as compensatory 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 examples of special damages?

Types of Special Damages
  • Property damage.
  • Lost wages and loss of earnings.
  • Medical treatment costs (including past and/or future)
  • Costs toward everyday household assistance necessitated by the injury.
  • Loss of one-of-a-kind items.

What is an example of compensatory damages?

A compensatory damages example is if a negligent driver hit your 2008 Honda and totaled it; the compensatory damages should equal the market value of your 2008 Honda at the time of its demise, less any scrap or salvage value, and you could be entitled to the fair market value of the vehicle.

What are the 3 types of compensatory damages?

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

What is the difference between compensatory and punitive damages?

21 related questions found

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]

What are special damages in insurance?

Special Damages — objectively assessed monies awarded to an injured party for tangible losses, such as wage loss, loss of use, nursing care, and medical expenses.

What is the meaning of compensatory damages?

Damages: An Overview

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 is meant by compensatory damage?

the amount of money that a court orders to be paid to someone in return for something that has been lost or damaged: The plaintiff is seeking $20 million in compensatory damages .

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 does the term special damages mean?

Special Damages is the term used to refer to any actual financial losses incurred as a direct result of the accident. There are various heads of financial loss which may be included in a claim. The largest element of financial loss is often loss of earnings.

What is the difference between special and general damages?

In a personal injury case, general damages are the compensation you receive for the intangible losses following an injury, like pain and suffering and emotional distress. By contrast, special damages are the compensation for losses that are more ascertainable, like medical expenses and lost wages.

What are the 5 types of damages?

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

What is the difference between damages and compensation?

Damages are awarded for suffering injury while compensation stands on a higher footing. Compensation aims to place the injured party back in a position as if the injury has not taken place by way of pecuniary relief for the caused injury.

What are the four types of damages?

One of the most common remedies comes in the form of damages, or monetary awards, which are further broken down into four general categories.
  • Compensatory Damages. Compensatory damages (or “actual damages”) are specifically meant to make up for the plaintiff's losses. ...
  • Punitive Damages. ...
  • Liquidation Damages. ...
  • Nominal Damages.

How are special damages calculated?

Special damages are out-of-pocket expenses that can be determined by adding together all the plaintiff's quantifiable financial losses. However, these losses or expenses must be proven with specificity.

Which injury is eligible for compensatory damages?

Compensatory damage is money awarded to a claimant to compensate for damage, injury, or other loss incurred. Compensatory damage is awarded in a civil court case where there has been a loss as a result of another party's negligence or unlawful conduct.

Which of the following best describes the term compensatory damages?

Which of the following best describes Compensatory Damages? Compensatory Damages are intended to compensate or reimburse a plaintiff for actual losses.

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 is the general goal of compensatory damages?

In contrast, compensatory damages are intended simply to pay the person who was injured.

What are the two types of compensatory damages quizlet?

The two types of compensatory damages that can arise out of an injury are special damages and general damages. Special damages are awarded to an injured party for tangible losses.

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 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 is schedule of special damages?

Schedule of Special Damages

This can be prepared at any time during the process of the claim and is likely to be regularly updated as the claim proceeds. The Special Damages claim could include: losses of earnings. a claim for any care and assistance required by you.