The term "special damages" is commonly used in legal proceedings to refer to monetary compensation for specific losses or expenses incurred by a plaintiff. The spelling of the word is fairly straightforward, with the "s" pronounced as /s/ and the "c" pronounced as /ʃ/, like "sh". The "i" is pronounced as /ɪ/, and the next two syllables are pronounced as /ˈdæmɪdʒɪz/. Overall, the pronunciation of "special damages" is /ˈspɛʃəl ˈdæmɪdʒɪz/.
Special damages refer to a category of compensatory damages awarded to a plaintiff in a civil lawsuit. It represents the quantifiable financial losses or expenses incurred due to the defendant's actions or negligence. Special damages are considered as direct and measurable losses that the plaintiff suffered as a result of the defendant's behavior.
Unlike general damages, which are awarded for non-monetary losses such as pain and suffering or emotional distress, special damages are specific and can be objectively calculated. These damages typically include medical expenses, property damage, loss of earnings, loss of business profits, or any other losses that can be assigned a monetary value.
To be awarded special damages, the plaintiff must provide sufficient evidence and documentation to prove the actual financial losses incurred as a direct consequence of the defendant's actions. This evidence often includes medical bills, repair estimates, invoices, pay stubs, or other relevant financial records. Special damages aim to compensate the plaintiff for the specific and ascertainable monetary losses suffered as a direct result of the defendant's wrongdoing.
In legal proceedings, special damages are typically determined through negotiations or determined by a judge or jury based on the evidence presented. They differ from general damages, which may be more subjective and address intangible harm or loss suffered by the plaintiff. By providing compensation for measurable financial losses, special damages aim to restore the plaintiff to the financial position they were in before the defendant's actions or negligence occurred.
The word "special damages" does not have a unique etymology as it is a combination of two commonly used English words. However, here is the etymology for each of the words:
1. Special: The word "special" originates from the Old French word "especial", which means "particular" or "distinct". It can be traced back to the Latin word "specialis", derived from "species" meaning "kind" or "sort".
2. Damages: The word "damages" comes from the Middle English word "damages" or "damagis", which is a plural form of "damage", derived from Old French "damage". It ultimately comes from the Latin word "damnum", meaning "harm" or "loss".
Together, "special damages" refers to specific, quantifiable financial losses or expenses incurred by a person as a direct result of someone else's actions or negligence.