special damages (2024)

FAQs

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.

Examples of special damages include: the exact cost of medical bills; the exact amount of lost wages, the loss of an irreplaceable item; the costs of home care; the cost of domestic services; and the costs to repair or replace items of property.

Importantly, there are two types of personal injury compensation: General damages – which cover your actual injuries or medical condition, ongoing suffering, etc. Special damages – which cover the cost of actual financial losses.

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.

General Damages- Also known as Ordinary Damages, these are the damages caused naturally due to contract breach. These damages are restricted to direct consequences arising due to unforeseen circ*mstances. Special Damages- These are consequential damages caused due to the breach of contract and special circ*mstances.

Special damages, also known as economic damages, are specific, out-of-pocket expenses that a claimant incurs as a direct result of their injury. Unlike general damages, which are non-economic and relate to pain and suffering, special damages can be calculated and proven with bills, receipts, and records.

Damages in Philippine law can be categorized into several types: actual or compensatory, moral, nominal, temperate, liquidated, and exemplary. Each type serves a unique purpose and has distinct criteria for awarding. Actual or Compensatory Damages: These are awarded to compensate for a proven loss or injury.

Special Damages in Personal Injury Law

For example, special damages may include: Repairs of a vehicle made necessary by a car accident. Actual medical expenses incurred by a plaintiff as a result of someone causing them injury. Property damage caused by a defendant's negligence or intentional wrongdoing.

Without proof of special damage means, that the Plaintiff need not prove that she has suffered any resulting damages, as any damage is presumed because of the nature of the defamation.

Part of the final value of a claimant's settlement, special damages are the quantifiable financial losses you've suffered as a result of your injury. Unlike general damages, which compensate for pain and suffering, special damages are based on actual monetary losses and expenses.

Is emotional distress punitive damage? ›

Is Emotional Distress Punitive Damages? Emotional distress usually falls under compensatory damages, not punitive damages. This type of mental anguish can involve fear, anxiety, the loss of enjoyment of life and the loss of sleep.

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.

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.

Special damages refer to economic losses that are easily quantifiable, such as medical bills and lost income, while general damages account for non-economic losses that are not easily quantified, such as pain and suffering, and loss of enjoyment of life.