What are the three main elements of compensatory damages?

Special damages, also known as general damages, are a type of monetary award that seeks to provide a plaintiff with compensation for loss or harm caused by a defendant. There are three main elements that make up compensatory damages:

1. Economic Damages

Economic compensatory damages are meant to compensate the plaintiff for the real and ascertainable damages such as medical expenses, lost wages, destroyed property, etc. For instance, if the plaintiff lost 6 weeks of work due to the injury, his or her economic damages will include the amount of money lost during that period.

2. Non-Economic Damages

Pecuniary damages, on the other hand, refer to non-economic compensatory damages that are not as easy to quantify. These include pain and suffering, inconvenience, emotional distress, loss of companionship or consortium, loss of enjoyment of life, etc. Such losses are subjective and non-pecuniary and would be awarded by the judge or the jury if the case goes to trial.

3. Punitive Damages

Thus, punitive damages are not solely a compensatory measure, as they are designed to punish the defendant for especially reckless behavior and prevent future misconduct of this sort. Punitive awards are also different from economic and non-economic damages in that they do not compensate for plaintiff’s loss. Though they can be awarded together with other types of damages, the amount of punitive damages is within the discretion of the court.

Compensatory damages are not a singular form but requires the assessment and calculation of the specific type needed in each case. However, in general, these three types – economic damages, non-economic damages, and punitive damages – serve as the foundation of most compensatory monetary awards in civil law suits. Knowing the fundamental constituents can be useful in gaining perspective about damage claims and awards.

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