What are special damages in tort law?

Special damages in tort law refer specifically to compensation awarded for precise, quantifiable losses incurred by the injured party as a direct result of the wrongdoing. This might include expenses such as medical bills, lost wages due to inability to work, repair costs for damaged property, and other financial losses that can be precisely calculated. Special damages are distinct as they aim to restore the victim to the financial position they were in before the tort occurred, focusing on tangible economic impacts.

In contrast, emotional distress awards, mention of medical negligence claims, and penalties associated with criminal offenses do not fall under the definition of special damages. Emotional distress awards typically relate to non-economic damages meant to compensate for psychological harm rather than specific financial losses. Medical negligence claims can involve a mix of general and special damages depending on the context, but they are not exclusive to the definition of special damages. Similarly, penalties for criminal offenses are not related to the compensation framework of tort law but rather focus on punishment and deterrence in the criminal justice system.