What are General and Special Damages?
In the realm of civil law, understanding the concepts of general and special damages is crucial for both litigants and legal professionals. These two types of damages serve as compensation for losses or injuries sustained by a plaintiff in a lawsuit. While they are both intended to provide monetary relief, they differ in their nature, calculation, and purpose. This article aims to explore the definitions, characteristics, and distinctions between general and special damages, shedding light on their roles in legal proceedings.
General Damages
General damages refer to monetary compensation awarded to a plaintiff for non-economic losses that are not easily quantifiable. These damages are intended to provide a measure of justice and to restore the plaintiff to the position they were in before the incident occurred. General damages are typically awarded in cases involving personal injury, defamation, or breach of contract.
The following are some key characteristics of general damages:
1. Non-economic in nature: General damages compensate for losses that cannot be easily measured in monetary terms, such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
2. Subjective assessment: The amount of general damages awarded depends on the severity of the injury and the extent of the plaintiff’s suffering. This often requires the court to assess the case on a case-by-case basis.
3. Purpose: General damages are meant to compensate the plaintiff for the inconvenience, distress, and loss of quality of life resulting from the defendant’s actions.
Special Damages
Special damages, on the other hand, are intended to compensate the plaintiff for economic losses that can be quantified and proven. These damages are typically awarded in cases where the financial impact of the incident is clear and can be easily calculated. Special damages may include medical expenses, lost wages, property damage, and other out-of-pocket expenses.
Here are some characteristics of special damages:
1. Economic in nature: Special damages are awarded for tangible, quantifiable losses that can be directly attributed to the defendant’s actions.
2. Objective assessment: The amount of special damages awarded is based on the actual financial losses incurred by the plaintiff. This can be supported by receipts, invoices, or other documentary evidence.
3. Purpose: Special damages aim to restore the plaintiff to the financial position they were in before the incident occurred.
Differences between General and Special Damages
The primary difference between general and special damages lies in their nature and purpose. General damages focus on non-economic losses and aim to provide a measure of justice and compensation for the plaintiff’s suffering. Special damages, on the other hand, focus on economic losses and aim to restore the plaintiff to their pre-incident financial position.
Another key difference is the evidence required to support each type of damage. General damages often require subjective evidence, such as witness testimony or the plaintiff’s own statements, to demonstrate the extent of their suffering. Special damages, on the other hand, require objective evidence, such as receipts or invoices, to prove the actual financial losses incurred.
In conclusion, understanding the distinction between general and special damages is essential for anyone involved in civil litigation. Both types of damages play a crucial role in ensuring that victims of wrongdoing are adequately compensated for their losses. By recognizing the differences between these two types of damages, legal professionals and litigants can navigate the complexities of the legal system more effectively.
