What must be proven if special damages are not applicable in a tort case?

In tort law, if special damages do not apply, what typically needs to be proven are general damages only. General damages encompass non-economic harms caused by the tort, such as pain and suffering, loss of companionship, and emotional distress, which do not have a specific monetary value but are recognized as actual injuries resulting from the defendant's actions.

Special damages, in contrast, refer to specific, quantifiable losses such as medical expenses, lost wages, or damage to property. When a case involves only general damages, it indicates that the plaintiff is not claiming specific monetary losses but instead seeking to recover for the broader impacts of the defendant's tortious conduct. Emotional distress damages may be included under general damages, and punitive damages are distinct as they aim to punish the wrongdoer rather than compensate the injured party.

Thus, proving general damages suffices when special damages are not applicable in a tort case, reaffirming the importance of emotional and psychological impacts on the plaintiff beyond mere financial loss.