If a plaintiff receives damages for pain and suffering due to a defendant's negligence, what type of damages are these?

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When a plaintiff receives damages specifically for pain and suffering that result from a defendant's negligence, these are classified as general damages. General damages are meant to compensate an injured party for non-economic losses that are more subjective in nature and cannot be precisely measured with receipts or bills. This includes pain and suffering, emotional distress, and loss of enjoyment of life, among other personal impacts stemming from the defendant's actions.

In contrast, compensatory special damages refer to quantifiable monetary losses such as medical expenses, lost wages, and other out-of-pocket costs that result from the injury. Punitive damages are intended to punish the defendant for particularly egregious behavior and to deter similar actions in the future; they do not relate to the plaintiff's direct losses. Economic damages also refer to specific monetary costs that arise from the injury, such as medical bills and lost income, distinguishing them further from the general damages that cover more intangible aspects like pain and suffering.

Thus, recognizing pain and suffering as general damages is essential in understanding how compensation is structured in negligence cases, as it addresses the broader scope of personal harm experienced by the plaintiff.

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