general damages
Noun: - Compensation awarded for non-monetary losses directly resulting from a legal wrong: In law, "general damages" refers to monetary compensation granted to a plaintiff for intangible, non-economic harms that are a direct and foreseeable consequence of the defendant's wrongful act. These damages compensate for losses that are presumed to exist but are not easily quantified by a specific bill or receipt, such as pain, suffering, mental anguish, and loss of enjoyment of life.
"General damages" is a specific legal term used primarily in tort law (e.g., personal injury cases). It contrasts with "special damages" (or "pecuniary damages"), which compensate for specific, out-of-pocket monetary losses like medical bills and lost wages. The term is used in court opinions, legal pleadings, and discussions of civil liability. - The court instructed the jury to consider both general damages for pain and suffering and special damages for medical expenses. - An award for general damages is intended to make the injured party whole for harms that do not have a precise market value.
- The plaintiff sought general damages for the emotional distress caused by the defamatory statements.
- In a wrongful death suit, general damages may be awarded to the family for their grief and loss of companionship.
- The jury's award included a substantial sum for general damages, recognizing the profound impact the accident had on the victim's quality of life.
- "General damages are presumed": A legal principle stating that certain types of harm (e.g., pain from a physical injury) are so inherent to the wrongful act that the plaintiff does not need to provide detailed proof of their existence to receive compensation for them; they are presumed by the law.
- "Assessment of general damages": The process by which a judge or jury determines the appropriate monetary value for intangible losses. This often involves considering the severity and duration of the suffering.
- Special Damages (n.): Also called "pecuniary damages." Compensation for specific, quantifiable monetary losses incurred as a result of the wrong (e.g., repair costs, lost income).
- Compensatory Damages (n.): A broader category encompassing both general and special damages. All damages intended to compensate the plaintiff for actual loss.
- Punitive Damages (n.): Damages intended to punish the defendant for egregious conduct and deter similar behavior, not to compensate the plaintiff.
- Non-economic damages: A modern term often used interchangeably with "general damages," emphasizing the compensation for losses not tied to specific financial cost.
- Pain and suffering damages: A common subset or description of the primary component of general damages.
- "To recover general damages": To be awarded compensation by a court for non-pecuniary harms.
- The key issue at trial was whether the plaintiff would recover general damages for her psychological trauma.
- (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated