Are punitive damages general damages?
The two basic categories of damages awarded in personal injury claims are compensatory and punitive. There are many different types of compensatory damages but broadly speaking, they are broken down into general or special damages. Punitive damages, on the other hand, are only awarded in a small number of cases.
What are general damages?
General damages are intangible, non-monetary losses that do not have an exact dollar amount. There are several types of general damages: Pain and suffering. Mental anguish. Lower quality of life.
What type of damages are punitive damages?
Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.
What are some examples of general damages?
Examples of general damages include pain and suffering, mental anguish, and loss of consortium. General damages can also include future losses due to loss of earning capacity or future medical care.
How is general damages calculated?
General damages that are awarded for pain and suffering in the U.S. are typically calculated as three to four times the amount of the plaintiff’s medical bills and added to the amount that is actually meant to cover the bills.
What is general damages in legal terms?
Damages that arise directly and inevitably from a breach of contract. In other words, those damages that would be theoretically suffered by every injured party under these circumstances.
What is an example of general damages?
What are the two main categories of general damages?
The money awards (known as “damages”) available through the courts can be broken up into two main categories: pecuniary and non-pecuniary.
What are the 2 types of compensatory damages?
There are two types of compensatory damages—general and actual. Actual damages are intended to provide funds to only replace what was lost. General compensatory damages awarded are more complex, as these compensatory damages do not represent a monetary expenditure.
When can you get punitive damages?
Punitive damages are considered punishment and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim.
What are punitive damages and how are they awarded?
Punitive damages, also known as “exemplary damages,” are a monetary amount awarded to a plaintiff in a civil lawsuit for the purpose of punishing the defendant, or to deter him from engaging in the same conduct in the future. Punitive damages are award in addition to any compensatory or other damages, increasing the plaintiff’s total award.
What are some examples of actual damages?
Important Components of Actual Damages. Compensatory damages, or damages that are payable, should be measurable and can be proven. A few examples of payable actual damages include: Loss of income. Medical expenses. Property repairs. Business losses. Legal fees.
What is considered punitive damages?
What are Punitive Damages. Punitive damages, also known as “exemplary damages,” are a monetary amount awarded to a plaintiff in a civil lawsuit for the purpose of punishing the defendant, or to deter him from engaging in the same conduct in the future.
Are punitive damages different from exemplary damages?
There is a slight difference with Exemplary damages. While the intent behind the court issuing Punitive damages in Michigan is to deter the defendant from further bad behavior, Exemplary Damages are actually instated to reward plaintiffs. This is a subtle difference, but a big one.