The distinction between actual and consequential damages is that real damages are tangible, while consequential damages are not. Direct damages are those that arise from the wrongful conduct of the offending party. Actual damages, also known as compensatory damages, are awarded when a person has suffered injuries or damage caused by the other party. General and special damages are compensatory damages, which serve to compensate the plaintiff for economic losses, pain and suffering, in an attempt to restore them.
Punitive damages are intended to punish the defendant for negligence or recklessness. To gain a better understanding of the different types of damages in personal injury cases and how they can be calculated, read on. Direct damages refer to compensation paid to reimburse the person for something that the defendant was responsible for but did not do. Similar to general damages, special damages are used to compensate the plaintiff for the loss caused by the defendant.
Therefore, exemptions from liability for indirect damages should not be considered a substitute for explicit exemptions from incidental and consequential damages, which should always be expressly excluded. The terms of the Uniform Commercial Code (UCC) consider consequential damages and injuries resulting from the seller's breach of contract. Again, these aren't easy to quantify, but if you talk to a personal injury lawyer, they can help you examine your specific situation and see what types of general damages may be available. However, there is often some confusion surrounding consequential and direct damage, which can be a very real concern for a commercial company.
An example of compensation for consequential damages would be a situation in which an employee who has been involved in a car accident and is unable to work is reimbursed for lost wages. Parties entering into a contract should know that they can be held responsible for damages caused by the breach of contract. The court presents the jury with specific instructions and describes the types of things that may be considered in the case of general or specific damages, and the jury decides the exact amount based on the negligence of the parties. Punitive damages serve to punish the defendant for negligence or reckless behavior that caused harm to the plaintiff.
For instance, if a plaintiff had a car accident and suffered only minor injuries that could be treated with a brief hospital stay, the jury would hesitate to award general compensation for pain and suffering. Preparing for a personal injury lawsuit can be difficult, especially when you're not sure about the outcome.