Q- What proof is required in my lawsuit when totaling damages?
Actual damages, which are also called “compensatory damages” are awarded to compensate for an injury or to repair a wrong. Actual damages may be either economic or non-economic and do not include exemplary damages. Economic damages compensate for actual economic or pecuniary loss, and non-economic damages are awarded to compensate for physical pain and suffering, mental and emotional pain or anguish, disfigurement, physical impairment, loss of companionship in society, inconvenience, loss of enjoyment of life, injury to reputation, and all other non-pecuniary losses, other than exemplary damages.
Q- What are the general classifications of ‘damages’?
In pleading damages, Plaintiff should plead sufficient facts, in order to give Defendant fair and adequate notice of the damages sought and enough information for Defendant to prepare a defense. For pleading purposes, actual are classified as either direct or consequential. Direct damages are also sometimes called “general damages”, and consequential damages called “special damages”. General damages are further defined as those that are the necessary and usual result of the Defendant’s wrongful acts. Plaintiff need not plead general damages. Special damages must be specifically pleaded under Rule 56, without defining which damages are special. Courts can also disagree about which damages are considered general or special. A 1999 Baylor Law Review article may be of help: ‘The Classification of General & Special Damages for pleading purposes in Texas.’ Special damages are those that result naturally but not necessarily from Defendant’s wrongful acts. Special damages must be foreseeable, not too remote or uncertain, and must be plead. Although general damages do not need to be specifically plead, if Plaintiff pleads special damages, but not general damages, then Plaintiff’s right to recover general damages may be waived. Weingartens, 461S.W.2d 260 (Houston 1970). Also Arthur Anderson v. Perry Equip (Tex. 1997).
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*The foregoing is not intended to provide specific legal advice, but instead only as a generalized discussion
Sam Emerick has over 35 years
experience in Commercial Collections Law,
Factoring Litigation and Wills, Trusts & Probate