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What type of damages do lost earnings due to incapacity from an injury represent?

  1. general damages

  2. punitive damages

  3. special damages

  4. exemplary damages

The correct answer is: special damages

Lost earnings due to incapacity from an injury represent special damages. Special damages are intended to compensate for specific financial losses that can be quantified, such as lost wages, medical expenses, and costs of rehabilitation. These damages account for the actual economic impact that an injury has on an individual’s ability to earn income. Unlike general damages, which compensate for non-economic losses such as pain and suffering or emotional distress, special damages focus on tangible, calculable monetary losses. Given that lost earnings can be directly linked to the injury sustained, they are categorized under special damages, as they can be documented through pay stubs, tax returns, or other financial records. Other types of damages like punitive damages are awarded to punish the wrongdoer and deter similar conduct in the future, rather than to compensate the injured party for their losses. Exemplary damages serve a similar purpose to punitive damages and are not relevant in the context of lost earnings from an injury. Therefore, lost earnings fall squarely within the realm of special damages.