What is the difference between general and specific damages?Asked by: Loma Schroeder | Last update: February 19, 2022
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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, on the other hand, are unique (or “special”) to you because no other plaintiff will have the precise amount of financial losses as you do.
What 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 is the difference between general damages 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 general damages in law?
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. Courts will calculate his damages by referencing previous, similar case law.
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's the difference between General vs. Special vs. Punitive Damages?
What can be claimed under general damages?
- Physical pain.
- Mental pain.
- Pain and suffering.
- Physical impairment.
- Loss of ability to perform certain functions.
- Loss of quality of life.
- Loss of companionship.
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 is the difference between consequential damages and compensatory damages?
Compensatory damages, as the name implies, are intended to compensate a claimant for the actual loss, injury, or harm sustained. ... The term “consequential damages” is meant to indicate that the damages sought are merely an indirect “consequence” of the defendant's conduct.
What are the different types of damages?
- General and Special Damages.
- Substantial Damages.
- Aggravated and Exemplary Damages.
- Liquidated and Unliquidated Damages.
- Consequential Damage and Incidental Loss.
What are general damages in a civil cases?
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 is meant by specific performance?
Specific performance is an equitable relief granted by the Court to enforce contractual obligations between the parties. It is a remedy in performance as opposed to a claim sounding in damages for breach of contract where pecuniary compensation is granted as relief for failure to carry out the terms of the contract.
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 four types of damages?
The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.
Are consequential damages general damages?
The distinction between general [or direct] and special [or consequential] damages is not that one is and the other is not the direct and proximate consequence of the breach complained of, but that general [or direct] damages are such as naturally and ordinarily follow the breach, whereas special [or consequential] ...
What is the difference between consequential and incidental damages?
The difference between incidental and consequential damages is the cause of the expense or loss. Incidental damages are the direct result of one party's breach of contract. Consequential damages are more indirect, being incurred not as a result of the breach itself, but due to the end result of the breach.
What is the difference between compensatory damages and consequential damages What are nominal damages and when do courts award nominal damages?
Compensatory damages compensate an injured party for injuries or damages. ... Consequential damages differ from compensatory damages in that they are caused by special circumstances beyond the contract. Nominal damages are awarded to an innocent party when no actual damage has been suffered.
How are general damages calculated UK?
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 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 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 substantial damages?
Substantial damages are awarded as a means to compensate a plaintiff where they have suffered an actual loss. Substantial damages can be either general or special. ... General damages are more difficult to quantify as they cover damages for pain, suffering or loss of expectation of life.
What are nominal damages?
A trivial sum of money awarded to a plaintiff whose legal right has been technically violated but who has not established that they are entitled to compensatory damages because there was no accompanying loss or harm. ... Barker the court held that the plaintiff was entitled to nominal damages of $100.
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 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 is general damages in personal injury case?
General damages in your personal injury case are costs that don't have a precise economic value. These damages can nevertheless make up a significant portion of your personal injury claim. General damages are estimated using one or more formulas and will depend on the unique circumstances of your case.