Also known as: general damage
Written by attorneys · grounded in primary & secondary sources — see below
Compensatory damages awarded for a harm that so frequently results from the tort or breach that its existence is normally anticipated. The plaintiff therefore need not specially allege or prove the harm to recover these damages.
Gerald Gibson struck Gabriella Gomez during an argument, causing bruises and ongoing pain. Gomez sued for battery and recovered an award covering her physical discomfort even though her complaint mentioned only the battery itself. The court treated the pain as a harm normally expected from the tort.
Gary Grant rear-ended Gina Grant's vehicle at a stoplight, causing her neck strain and several days of pain. Gina sued for negligence and recovered an award covering the discomfort even though her complaint mentioned only the collision itself. The court treated the pain as a harm normally expected from the tort.
Select any source to read its text and confirm it supports the definition.
A newspaper published a false article accusing Greta Goldstein of professional misconduct. Goldstein proved the statements were false and of and concerning her. The jury awarded general damages for reputational injury without requiring evidence of specific pecuniary loss.
Dun & Bradstreet published an erroneous credit report stating that Greenmoss Builders was bankrupt. The report reached only a small group of subscribers and did not involve a matter of public concern. The court permitted recovery of general damages for reputational harm without proof of actual injury.
The New York Times published an advertisement containing false statements about a public official. The official proved the statements were made with actual malice. The jury could award general damages for presumed reputational injury flowing from the libel per se.
State Farm mishandled the Campbells' claim in bad faith, causing them severe emotional distress over eighteen months. The jury awarded one million dollars in compensatory damages for that distress. The award reflected general damages for the emotional harm normally anticipated from the insurer's conduct.
No. Because general damages are harms normally expected from the tort or breach, the plaintiff may prove them without having alleged their existence in the complaint.
Supporting sources
General damages compensate harms that typically flow from the wrong and are presumed. Special damages compensate other harms that must be specifically alleged and proved.
Supporting sources
Yes. Emotional distress is a classic form of general damages when it is a natural consequence of the tort, and it may be awarded without proof of pecuniary loss.
At common law, general damages for reputational harm were presumed in libel and slander per se. Later constitutional decisions limited presumed damages unless actual malice is shown or the speech is not of public concern.
…per se, "the law . . . implies legal injury from the bare fact of publication itself," "falsity and malice are presumed," "general damages need not be alleged or proved but are presumed," and "punitive damages may be awarded by the jury even though the amount of actual damages is neither found nor shown." An award of punitive…