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What are Special Damages and General Damages?

Writer's picture: Brian AJ  Newman LLBBrian AJ Newman LLB

As professional Advocates, we think it is important for clients to understand the distinction between special damages and general damages.


Special damages refer to the specific, quantifiable losses that a plaintiff has suffered as a direct result of the defendant's actions.


These damages are often referred to as "out-of-pocket" expenses and can include things such as medical bills, lost wages, and property damage. Special damages are typically easy to calculate and can be proven with documentation or receipts.

On the other hand, general damages are more subjective and difficult to quantify.


These damages refer to the non-monetary losses that a plaintiff has experienced as a result of the defendant's actions, such as pain and suffering, emotional distress, and loss of consortium.


General damages are often determined by a jury and can vary greatly depending on the circumstances of the case.


In summary, special damages are specific, quantifiable losses that a plaintiff has suffered, while general damages refer to the non-monetary losses that are more difficult to quantify.


It is important to understand the distinction between these two types of damages in order to effectively represent you and seek appropriate compensation.

 
 
 

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