How do general and special damages differ?

How do general and special damages differ?

• A. General damages are presumed to result from defendant's actions; special damages are actual losses incurred (e.g., lost earnings).
• B. General damages are actual losses; special damages are presumed to result from defendant's actions.
• C. General damages are punitive; special damages are actual losses.
• D. General damages are incidental; special damages are punitive.

Answer: (D)

General damages cover non-economic harms, while special damages cover economic losses. Non-economic harms are the intangible impacts of an injury—pain and suffering, emotional distress, loss of enjoyment of life, and similar effects that aren’t easily priced. Because these harms aren’t simply billed, they are assessed more qualitatively, often through testimony and context, rather than precise invoices. Special damages, on the other hand, are the actual financial costs tied to the injury. They include medical expenses, rehabilitation and therapy costs, prescription drugs, devices or aids, travel costs for care, and lost wages or reduced earning capacity. These are documented with bills, receipts, and payroll records, making them quantifiable and recoverable as concrete out-of-pocket losses. Together, these categories aim to compensate for the full impact of the injury: non-economic suffering in general damages and specific financial losses in special damages. Punitive damages are a separate concept, intended to punish particularly wrongful conduct, and incidental is not a standard category used to describe damages in tort law.

General damages cover non-economic harms, while special damages cover economic losses. Non-economic harms are the intangible impacts of an injury—pain and suffering, emotional distress, loss of enjoyment of life, and similar effects that aren’t easily priced. Because these harms aren’t simply billed, they are assessed more qualitatively, often through testimony and context, rather than precise invoices.

Special damages, on the other hand, are the actual financial costs tied to the injury. They include medical expenses, rehabilitation and therapy costs, prescription drugs, devices or aids, travel costs for care, and lost wages or reduced earning capacity. These are documented with bills, receipts, and payroll records, making them quantifiable and recoverable as concrete out-of-pocket losses.

Together, these categories aim to compensate for the full impact of the injury: non-economic suffering in general damages and specific financial losses in special damages. Punitive damages are a separate concept, intended to punish particularly wrongful conduct, and incidental is not a standard category used to describe damages in tort law.