Question

Ilfoyle was involved in a serious motor vehicle accident and sustained a serious brain injury as a result. Prior to the accident, Gilfoyle was in dentistry, and now every doctor has advised him that he will not be capable of practicing dentistry in the future. Gilfolye has sued the driver of the other vehicle for a loss of future earning capacity. This claim would be best categorized as what type of damage? Select one

a. Punitive damage
b. Special damage
c. General damage
d. Aggravated damage

Answer 1

Gilfoyle's claim for loss of future earning capacity due to a serious brain injury is categorized as special damage, which is compensation for calculable economic loss.

Step-by-step explanation:

When Gilfoyle sued the driver of the other vehicle for a loss of future earning capacity resulting from a serious brain injury, the claim can be best categorized as special damage. Special damages are specific monetary amounts that can be calculated and proven, such as loss of earnings, medical expenses, and costs associated with rehabilitation. In contrast, punitive damages are intended to punish the defendant for their actions, general damages refer to non-economic damages such as pain and suffering, and aggravated damages are given for the defendant's outrageous conduct. Since Gilfoyle is seeking compensation for the income he cannot earn due to his injuries, the claim falls squarely within the category of special damages.