Damages

Damages are a monetary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another.

Types of Damages

There are several types of damages, including compensatory damages, punitive damages, nominal damages, liquidated damages, and statutory damages.

Compensatory Damages

Compensatory damages are intended to compensate the injured party for the loss suffered. This can be a monetary loss, such as lost wages, or non-monetary losses, such as emotional distress.

Punitive Damages

Punitive damages are awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit. They are intended to punish the defendant and deter others from engaging in similar behavior.

Nominal Damages

Nominal damages are a small amount of money awarded to a plaintiff who has suffered no substantial loss or injury but has experienced an invasion of rights.

Liquidated Damages

Liquidated damages are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach.

Statutory Damages

Statutory damages are damages that a legislator has decided are to be awarded in a particular class of cases.

Legal Considerations

In most jurisdictions, a plaintiff can recover damages if he or she can prove that the defendant's actions caused the plaintiff's loss. The plaintiff must also prove that the defendant owed a duty of care to the plaintiff, that the defendant breached that duty, and that the breach was the proximate cause of the plaintiff's loss.

See Also

• Tort Law
• Personal Injury Law
• Contract Law