Tort Damages

Damages

Special Damages

Special damages are pecuniary in nature and related to specific costs incurred due to the particular circumstances involved in the tort. Special damages must be specifically claimed and proved. Examples are lost wages, medical expenses and other “out of pocket” losses.

General Damages

General damages are non-pecuniary in nature and are presumed by the law to be incurred based upon the commission of the tort. General damages need not be specifically claimed and proved. Examples are pain, suffering and inconvenience.

Punitive or Exemplary Damages

Punitive damages, also called exemplary damages, are awarded to the plaintiff for the purpose of punishing the defendant for malicious or reckless conduct. The intent is to make an “example” of the defendant's conduct so that such conduct will not be repeated.

Loss of Consortium

Loss of consortium means a loss of the benefits that one spouse is entitled to receive from the other spouse, including companionship, cooperation, aid, affection, and sexual relations. In a minority of jurisdictions, loss of consortium is also available related to the loss of a child.

Doctrine of Avoidable Consequences

Under the Doctrine of Avoidable Consequences, a plaintiff must act reasonably to mitigate his or her damages. If the plaintiff fails to act reasonably to minimize his loss or injury, the amount of damages he or she recovers may be reduced.

Collateral Source Rule

Under the Collateral Source Rule, if a third party provides benefits or reimbursement to the plaintiff for losses caused by the defendant, no evidence of the money or benefits from the collateral source may be introduced by the defendant to try to diminish the amount of damages he owes to the plaintiff.