General compensation, also known as pain and suffering, is sought in lawsuits for intangible losses such as emotional pain or loss of reputation. The judge determines if general damages are appropriate and the amount awarded. Evidence of loss must be presented to obtain general compensation.
In legal terms, general compensation refers to any type of compensation that is sought in a lawsuit, but is not tied to any specific aspect of the lawsuit itself. Sometimes referred to as pain and suffering, this type of compensation is often related to situations where it is somewhat difficult to determine how much harm is appropriate, or even if the situation justifies granting general compensation. With most court systems around the world recognizing the concept of compensation for factors such as emotional pain, loss of reputation or other intangibles, it is up to the judge hearing the case to determine whether general damages are appropriate.
Because the legal systems in different countries are different, compensation that would be classified as general damages in one may not enjoy the same status in another country. For example, some countries have specific legal statutes dealing with pain and suffering caused by ongoing pain and physical injuries, including disfigurement. Others would feel this falls more into the category of general damages and indemnify accordingly.
The assessment of general damages is based on the assumption that the compensation sought by the plaintiff in a lawsuit can be shown to have occurred, but is not related to any other class or category of damages defined by the laws of the country. If it can be proved to the satisfaction of the court seised that the plaintiff is indeed entitled to some sort of compensation, then it is for the court to determine what amount would be appropriate. While the plaintiff’s counsel can certainly recommend a figure, and normally does in court filings, the judge is responsible for the final determination. In most jurisdictions, the judge is bound by any guidelines put in place by the jurisdiction, as well as using his or her own judgment to determine the breadth and depth of events surrounding damages.
Too often, litigants assume they can claim general damages without any real evidence that they have suffered some kind of loss as a result of the defendant’s actions. There are those who have the misconception that if the defendant created situations in which the plaintiff was distressed, but was otherwise able to function normally, general relief is still likely to apply. Unless evidence is presented to the judge that shows that a certain amount of loss has occurred, the chances of obtaining general compensation are extremely slim.
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