Damages





Damages, in law is a somewhat paradoxical term. It is used to refer both to
the harm suffered by a plaintiff in a civil action, and to any monies paid
or awarded to him to compensate for said harm.

Generally, there are three kinds of damages: special damages, general
damages, and punitive damages. Special damages are the enumerable or
quantifiable monetary costs or losses suffered by the plaintiff, or the
compensation therefore. For example, medical costs, repair or replacement of
damaged property, lost wages, lost earning potential, loss of business, loss
of irreplaceable items, loss of support, etc. General damages are items of
harm or loss suffered, for which only a subjective value may be attached.
Examples of this might be pain, physical suffering, emotional trauma or
suffering, loss of companionship, loss of consortium, disfigurement, loss of
reputation, loss or impairment of mental or physical capacity, loss of
enjoyment of life, etc.

A special case is punitive damages. Generally, punitive damages are not
awarded in order to compensate the plaintiff, but in order to reform or
deter the defendant and similar persons from pursuing a course of action
such as that which damaged the plaintiff. Punitive damages are awarded only
in special cases. Great judicial restraint is expected to be exercised in
their application.