Types of Damages That Are Uncertain and Not Immediately Measurable:

speculative damages – damages that are so uncertain to occur that they will not be awarded.  aka remote damages.

discretionary damages – not precisely measurable (i.e. mental anguish, pain and suffering, etc.) but are determined by a jury.

  • 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.

irreparable damages – in the law of injunctions, an injury that cannot be satisfactorily or completely compensated with money, so that to refuse the injunction would be a denial of justice. — aka nonpecuniary damages; irreparable injury.

permanent damages – damages for past, present, and future harm that cannot be avoided or remedied; technically, injury in real estate which is permanent in character, so that all the damages, whether present, past, or prospective must be recovered in a single action.

uncertain damages – damages that are not clearly the result of a wrong; the uncertainty refers to allowing recovery for the damages, not to the amount.

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Back to Various Types of Damages

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