An award for pain and suffering to a claimant who was burned when a tractor engine malfunctioned would be considered what kind of damages?

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Prepare for the New York Independent Adjuster, Motor Vehicle No-Fault, and Workers' Compensation Health Services Exam. Utilize flashcards and multiple-choice questions, each with hints and explanations. Ensure you're ready for success!

An award for pain and suffering in the context of a claimant who suffered burns from a tractor engine malfunction falls into the category of general damages. General damages are intended to compensate an individual for non-economic losses, which include experiences such as pain, suffering, emotional distress, and the loss of enjoyment of life.

In this scenario, the burns experienced by the claimant would not only create physical pain but could also lead to emotional and psychological suffering. Because these types of damages are subjective and not easily quantifiable with a specific monetary value, they are classified as general damages.

Compensatory damages is a broader term that encompasses both general and special damages, which refer to specific, quantifiable losses such as medical expenses or lost wages. Punitive damages, on the other hand, are awarded as a means to punish the wrongdoer and deter similar future conduct, not to compensate the victim for their losses. Special damages specifically refer to out-of-pocket costs incurred due to the incident, which do not apply to pain and suffering claims.

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