discretionary:

1. That which is subject to a person’s discretion. [1]

discretionary damages:
(1854)

1. Damages (such as mental anguish or pain and suffering) that are not precisely measurable but are determined by the subjective judgment of a jury. — aka indeterminate damages. [2]

indeterminate damages:

1. A A little-used and unsatisfactory term for punitive or exemplary damages. [3]

Various Forms of Discretionary Damages:

cosmetic damages – the amount awarded to compensate for personal disfigurement.

future damages – awarded to an injured party for an injury’s residual or projected effects (i.e. a reduction in a person’s ability to function, expected pain and suffering, loss or impairment of earning capacity, projected medical expenses).

hedonic damages – for loss of enjoyment of life or of life’s pleasures. — aka hedonistic damages.