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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