Which type of damages must be specially pleaded and proven in a tort case?

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In tort cases, special damages refer to specific economic losses that can be quantified and thus require particular attention. These damages must be specially pleaded and proven because they cover tangible losses such as medical expenses, lost wages, and property damages that can be directly linked to the defendant's actions.

The necessity for special pleading ensures that both parties are given proper notice of the claimed damages, allowing the defendant to prepare an adequate defense and ensuring fairness in the proceedings. Without specially pleading these damages, a plaintiff may not be able to recover such losses, even if they are evidenced at trial.

In contrast, general damages, which cover non-economic harm like pain and suffering, do not require the same level of specificity in pleading as they are more subjective in nature. Punitive damages also typically do not require specific pleading linked to the same tangible losses but rather relate to the defendant's behavior, aiming to punish and deter future misconduct. Nominal damages are often awarded to acknowledge a legal wrong without substantial injury and generally do not require detailed proof of economic impact.

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