What is the difference between specific and general damages?
Asked by: Vincenza Volkman | Last update: November 7, 2023Score: 4.3/5 (67 votes)
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.
What are general damages examples?
Examples of general damages include: physical pain and suffering (compensation for being in pain); physical injury or impairment (disfigurement or disability); mental pain and anguish (trauma, stress and anxiety); diminished quality of life (relying on others, lack of mobility, etc.); loss of companionship and support ...
What are general damages?
general damages. n. monetary recovery (money won) in a lawsuit for injuries suffered (such as pain, suffering, inability to perform certain functions) or breach of contract for which there is no exact dollar value which can be calculated.
What is the meaning of specific damages?
Special damages are compensation for expenses you incur due to an injury caused by someone else's negligence. Because special damages reimburse you for specific expenses, they are also called economic damages.
What is special vs general vs 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 IS THE DIFFERENCE BETWEEN SPECIAL AND GENERAL DAMAGES? SPECIAL AND GENERAL DAMAGES #shorts
What is an example of general and special damages?
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.
What are the three 3 types of civil damages?
Civil damages refers to how much money you may get in a settlement or court award (Kenton, 2020). There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive. An attorney can estimate how much your claim may be worth based on your damages.
What are the 4 main types of damages?
- Compensatory damages. ...
- Punitive damages. ...
- Nominal damages. ...
- Liquidated damages.
What are the two types of damages?
There are two kinds of damages that can be awarded to a victim. These are referred to as “punitive damages” and “compensatory damages.”
What are the three categories of damage?
The three types of damages are economic damages, non-economic damages, and punitive damages.
How do you prove general damages?
- The amount of pain that has been suffered, and the duration of the pain.
- How the pain has disrupted the plaintiff's daily life.
- The details about the negligence and recklessness of the party who caused the losses.
- Stress and worry over the injury or the case.
What are general damages often used to?
Typically, there are three categories of damages that may be awarded. General damages are compensatory and provide the plaintiff with monies to account for any pain, suffering, or financial loss that came about as the result of being harmed.
What is the opposite of general damages?
General damages are the opposite of special damages. They describe the noneconomic or intangible losses suffered by an accident victim.
What are direct or general damages?
Direct or general damages are those which are the necessary and immediate consequence of the wrong-while indirect or special damages are sometimes granted in respect of its remoter conse- quences. i. Damnum Absque Injuria. Injury without wrong.
What are the different type of damages?
There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.
What is an example of general compensatory damages?
General Damages
Pain and suffering: aches, pains, scarring, and permanent or temporary limitations on activity. Emotional distress: mental anguish or emotional distress caused by a physical injury, physical contact, sexual harassment, slander, or libel.
What is the most common type of damages awarded?
COMPENSATORY. Compensatory damages are generally the most identifiable and concrete type of damages. These include amounts for lost income, property damages, and medical care resulting from the Defendant's misconduct.
Which of the following are types of special damages?
- Lost wages and loss of earning capacity.
- Medical expenses, both past and future.
- Loss of irreplaceable items.
- Replacement or repair of property damage.
- Personal care costs.
- Cost of living with a disability.
- Costs associated with lessening their own liability.
What type of damages are most likely to be awarded?
Compensatory Damages. Compensatory damages are the most common type of damages in personal injury cases. These are meant to compensate the injured person for their losses, including medical costs and expenses, lost wages, and pain and suffering.
What are general damages in contract law?
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.
Which of the following is not a type of damages?
Symbolic damages is not a type of damages.
How are damages decided?
When calculating actual damages, courts will often look at the fair market value of destroyed/damaged property, lost wages/income, and necessarily incurred expenses.
Which type of damages are not recoverable?
Punitive Damages: Damages designed to punish a wrongdoer and to deter similar conduct in the future. Such damages are generally not recoverable in breach of contract actions, unless the breaching party's actions give rise to a separate tort claim.
What is the most money awarded in a lawsuit?
This lawsuit resulted in a record-breaking settlement of $206 billion, paid by major tobacco companies to 46 US states to cover public health-care costs related to tobacco-induced illnesses. It remains the most substantial legal settlement to date as of 2023.
What does sue for specific performance mean?
A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. Most commonly ordered in cases involving real property and rare chattels. COMMERCE. contracts.