What is special damage?

Asked By: Toumany Zieger | Last Updated: 8th April, 2020
Category: automotive auto insurance
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Special damages. Special damages compensate the claimant for the quantifiable monetary losses suffered by the plaintiff. For example, extra costs, repair or replacement of damaged property, lost earnings (both historically and in the future), loss of irreplaceable items, additional domestic costs, and so on.

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Similarly one may ask, what is an example of special damages?

Damages that can be measured in money (i.e., special damages). Damages awarded to punish a defendant for their purposely harsh, vindictive or malicious behaviour. Damages intended to compensate a plaintiff for a quantifiable monetary loss. Examples of such losses include: lost earnings, medical bills, and repair costs.

Secondly, what is general and special damages? 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 include things like medical bills and lost wages. These are your “out of pocket” expenses.

Also to know is, what is the meaning of special damages?

Special damages are a specific type of damages available for breach of contract. Special damages awards cover losses besides the contractual losses; this may include a broad range of losses such as loss of profits or damage to business reputation. Special damages are often requested in addition to general damages.

How do you prove special damages?

Special Damages must be proved by the party claiming, they are not assumed by a court. Losses that are particular to your case, for example, damage to you car in an accident or an injury that prevents you from playing your favourite sport. A court will have to decide an amount of compensation for these sorts of losses.

37 Related Question Answers Found

What damages can you sue for?

There are three general types of damages you can sue for in a personal injury case: general, special, and punitive. Both general and special damages are compensatory damages. General damages compensate the victim for non-economic losses like emotional distress and pain & suffering.

How are damages calculated?

To get a reasonable starting number for negotiating general damages, many insurance companies and attorneys multiply the amount of medical special damages by a factor of 1.5 to 5, depending on the severity of the injuries.

What is pecuniary damage?

Pecuniary damages are damages that have a discernible, quantifiable monetary amount attached to them. Examples include medical bills, property damage and loss of wages. These are typically things like pain and suffering, loss of quality of life, future wages and emotional distress.

What are the two types of compensatory damages?

There are two basic types of compensatory damages, actual and general.

Actual compensatory damages include:
  • Medical and hospital bills.
  • Medical treatments.
  • Rehabilitation expenses.
  • Physical therapy.
  • Ambulance expenses.
  • Medicine and Prescription drugs.
  • Nursing home care.
  • Domestic services.

What does punitive mean in law?

n. often called punitive damages, these are damages requested and/or awarded in a lawsuit when the defendant's willful acts were malicious, violent, oppressive, fraudulent, wanton or grossly reckless. These damages are awarded both as a punishment and to set a public example.

What is a consortium claim?

As part of a personal injury lawsuit, a loss of consortium action is usually a standalone claim brought by the spouse or family member of a person who has been injured or killed as a result of the defendant's negligent or intentional action.

What is the aim of tort damages?

Measure of damages in tort. Damages awarded in respect of a tort. The general aim of an award of damages in tort is to put the injured party in the same position as he would have been in if the tort had not occurred. Damages in tort aim to restore the claimant to his pre-incident position.

What are vindictive damages?

Exemplary or Vindictive Damages
These damages are awarded against the party who has committed a breach of the contract with the object of punishing the erring as defaulting party and to compensate the aggrieved party. Generally, these damages are awarded in case of action on lost or breach of promise.

What are damages?

Damages: An Overview
Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. 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 are the most frequently awarded legal damages?

Compensatory damages: This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere.

What are contemptuous damages?

Contemptuous damages are a form of damage award available in some jurisdictions. They are similar to nominal damages awards, as they are given when the plaintiff's suit is trivial, used only to settle a point of honour or law. Awards are usually of the smallest amount, usually 1 cent or similar.

Are attorneys fees special damages?

They are not part of the contract itself, but they are incurred as a consequence of the breach. But remember, absent a clause like that in the written agreement, and without a statute in place, the general rule applies, and attorneys' fees are not considered part of a party's compensatory damages.

What is aggravated damage?

Aggravated damages are the special and highly exceptional damages awarded on a defendant by a court, when his/her conduct amounts to tortious conduct subjecting the plaintiff to humiliating and malicious circumstances.

What is the difference between damages and compensation?

What is the Difference between compensation and damages? Damages are usually awarded for tortious acts or civil breach of contracts where as compensation is awarded for any loss due to criminal acts that can be compensated.

What are nominal damages?

Nominal damages refers to a damage award issued by a court when a legal wrong has occurred, but where there was no actual financial loss as a result of that legal wrong. Typically, when a nominal damage award is used, the plaintiff will be awarded $1 or $2.

Are punitive damages special or general?

Punitive damages are awarded not to compensate a plaintiff for injury or loss suffered but to penalize a defendant for particularly egregious, wrongful conduct.

What is the purpose of compensatory damages?

Compensatory damages are money awarded to a plaintiff to compensate for damages, injury, or another incurred loss. Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party.