Paralegal Certification PrepLegal Terminology and ConceptsMedium
A paralegal is reviewing a client's case where the client was severely injured in an accident caused by a negligent driver. The client is seeking compensation for medical bills, lost wages, and pain and suffering. The attorney asks the paralegal to identify the type of damages being sought for the client's pain and suffering.
- ASpecial damages
- BPunitive damages
- CGeneral damages
- DNominal damages
Show answer & explanationAnswer & explanation
Correct answer: C. General damages
General damages are non-economic losses that are the natural and necessary result of the defendant's wrongful act, such as pain and suffering, emotional distress, and loss of consortium.
Why the other options are wrong
- A. Special damages are economic, quantifiable losses like medical bills and lost wages.
- B. Punitive damages are awarded to punish the defendant and deter similar conduct, not to compensate for pain and suffering.
- D. Nominal damages are a small sum awarded when a right has been violated but no actual injury or loss occurred.
General Damages
Non-economic damages awarded to compensate an injured party for losses that are not easily quantifiable, such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Subjective and difficult to calculate precisely.
- Naturally flow from the defendant's wrongful act.
- Distinct from special (economic) and punitive (punishment) damages.
Memory trick: Damages pay for wrongs, either specific, general, or punitive.