What are compensatory, general and special damages?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Compensatory damages: making up for the loss

California’s Civil Code states the basic idea. A person who “suffers detriment from the unlawful act or omission of another” may recover from the person at fault “a compensation therefor in money, which is called damages” (Civ. Code 3281). Detriment is “a loss or harm suffered in person or property” (Civ. Code 3282), and damages can cover harm that has not happened yet but is certain to result in the future (Civ. Code 3283).

Texas writes the split into its definitions. Compensatory damages “means economic and noneconomic damages” and “does not include exemplary damages,” the Texas term for punitive damages (CPRC 41.001). Washington’s comparative fault statute uses the same phrase when it says your own fault reduces “compensatory damages” (RCW 4.22.005).

General and special: two names for the same split

Older cases and court forms say special and general damages. Newer statutes say economic and noneconomic. The categories line up.

The examples come from Judicial Council form CIV-050, which lists them under separate “General damages” and “Special damages” headings.

Each state also defines the newer terms. California describes noneconomic damages as “subjective, non-monetary losses,” a list that includes pain, mental suffering, loss of consortium, injury to reputation and humiliation (Civ. Code 1431.2(b)). Texas lists physical pain and suffering, mental or emotional pain or anguish, disfigurement, physical impairment and loss of enjoyment of life, among others (CPRC 41.001(12)). Washington’s definitions closely track California’s and add “destruction of the parent-child relationship” to the noneconomic list (RCW 4.56.250(1)).

Why the labels matter in a lawsuit

The split shows up at every stage of a case.

• Pleading: In a California personal injury complaint, the amount demanded may not be stated (CCP 425.10(b)). The amounts appear instead on the statement of damages, form CIV-050. Texas and Washington court rules use identical words: “When items of special damage are claimed, they shall be specifically stated” (Tex. R. Civ. P. 56; CR 9(g)).
• Proof: California jurors are told you do not have to prove the exact amount that will reasonably compensate you, but they “must not speculate or guess” (CACI 3900). For medical bills, you must prove the reasonable cost of reasonably necessary care, and for future care, care you are “reasonably certain to need” (CACI 3903A).
• Verdict: California jurors list economic and noneconomic damages separately on the verdict form (CACI 3902).
• Collection: That separate listing matters when several defendants share fault, because California treats the two categories differently, as our page on comparative fault explains.

General damages have no bill to point to, so they are argued from the evidence of how the injury changed your life. Our page on how pain and suffering is calculated covers what jurors in each state are told.

Punitive damages: a separate category

Texas defines exemplary damages as damages “awarded as a penalty or by way of punishment but not for compensatory purposes” (CPRC 41.001(5)). Each state treats them very differently.

California allows them on clear and convincing evidence of oppression, fraud or malice, “for the sake of example and by way of punishing the defendant” (Civ. Code 3294). Malice includes despicable conduct carried on with “a willful and conscious disregard” of the rights or safety of others. A corporate employer owes punitive damages for an employee’s conduct only when an officer, director or managing agent knew of the employee’s unfitness in advance and employed the person with conscious disregard of the rights or safety of others, authorized or ratified the conduct, or was personally guilty of oppression, fraud or malice. The California Supreme Court held that driving while intoxicated “may constitute an act of ‘malice'” when the circumstances show a conscious disregard of the probable dangerous consequences (Taylor v. Superior Court, 1979).

Texas requires clear and convincing proof that the harm resulted from fraud, malice or gross negligence, and the jury must be unanimous on both liability for and the amount of exemplary damages (CPRC 41.003). You must also be awarded more than nominal damages (CPRC 41.004). The award is capped at the greater of $200,000 or twice the economic damages plus noneconomic damages up to $750,000. The cap does not apply to certain listed felonies, including intoxication assault and intoxication manslaughter (CPRC 41.008).

Round, made-up numbers. A cap is a ceiling, and a jury may award less or nothing.

Washington is the outlier. Its Supreme Court has a long-standing rule prohibiting punitive damages without express legislative authorization (Dailey v. North Coast Life, 1996). Unless a statute authorizes them, a Washington injury claim is limited to compensatory damages.

What this means for your case

Special damages are won with paperwork. Keep every bill, explanation of benefits, pay stub and receipt, and ask your doctor to put any future care in writing. General damages are won with detail, so tell your doctors about every symptom and keep short notes on what you can no longer do. If the other driver was drunk or a company ignored a known danger, tell your lawyer early, since punitive damages need their own proof. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. For how all of this becomes a settlement number, read how lawyers calculate settlement value, and remember that the available insurance often sets a practical limit, as our policy limits page explains.

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Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.