General damages

Definition

General damages refer to a type of compensation awarded in a legal context for non-economic losses suffered by a plaintiff as a result of another party's wrongful act. These damages are meant to address the intangible harm that cannot be easily quantified, such as pain and suffering, emotional distress, and loss of enjoyment of life. Unlike special damages, which are related to specific economic losses, general damages provide a broader measure of compensation reflecting the overall impact of the injury on the victim's life.

5 Must Know Facts For Your Next Test

1. General damages are subjective and depend on the individual circumstances of each case, making them more difficult to calculate than special damages.
2. The determination of general damages often involves factors like the severity of the injury, duration of suffering, and overall impact on quality of life.
3. In personal injury cases, juries typically decide the amount of general damages based on testimony from the injured party and medical professionals.
4. General damages can also apply in cases of defamation or emotional distress where there are no clear economic losses but significant non-economic harm.
5. Legal standards for awarding general damages can vary by jurisdiction, with some requiring specific evidence while others allow for broader considerations.

Review Questions

• How do general damages differ from special damages in terms of what they compensate for in a legal case?
  • General damages differ from special damages primarily in their focus on non-economic losses versus economic ones. While general damages compensate for intangible harms such as pain and suffering or emotional distress, special damages are aimed at quantifiable economic losses like medical expenses or lost wages. This distinction is important because it highlights how the legal system addresses different aspects of harm suffered by a plaintiff.
• In what types of legal cases are general damages typically sought, and what factors do courts consider when awarding them?
  • General damages are commonly sought in personal injury cases, defamation lawsuits, and claims involving emotional distress. Courts consider various factors when awarding general damages, including the severity and permanence of the injury, the extent of pain and suffering endured by the plaintiff, and how the injury has impacted their daily life and relationships. These factors help juries determine a fair amount for compensation based on the unique circumstances of each case.
• Evaluate how the subjective nature of general damages might affect consistency in court rulings across similar cases.
  • The subjective nature of general damages can lead to inconsistencies in court rulings because different juries may interpret pain and suffering differently based on their individual values and experiences. While some juries may award substantial amounts for emotional distress or loss of enjoyment of life, others may view these harms as less significant. This variability creates challenges in establishing predictable legal standards and may lead to disparities in compensation for similarly injured plaintiffs depending on where their case is heard.

Related terms

special damages:

Compensation awarded for specific economic losses that can be quantified, such as medical expenses, lost wages, and property damage.

punitive damages:

Monetary compensation awarded in addition to general or special damages, intended to punish the defendant for particularly egregious conduct and deter similar behavior in the future.

negligence:

A legal concept where a party fails to exercise reasonable care, resulting in harm to another person, often leading to claims for both general and special damages.