What is the difference between general and aggravated damages in a personal injury case?
Newfoundland and Labrador, Canada
The following excerpt is from Rich v. Bromley Estate, 2013 NLCA 24 (CanLII):
This Court has suggested that trial judges issue a single compensatory award rather than making separate awards for general and aggravated damages (see Campbell v. Tremblay, 2010 NLCA 62, 305 Nfld. & P.E.I.R. 1 at paras. 45-49 per Green C.J.N.L. and paras. 122-123, per Wells J.A.). Making separate awards is not an error in principle per se, but it risks double-counting common elements.
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