Definition

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.

Usage

"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.

Examples

• 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.

Advanced Usage

• "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.

Variants and Related Words

• 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.

Synonyms

• 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.

Related Idioms/Phrases

• "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.

Noun

1. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated