Asked by: Nohemi Oechler
automotive auto insurance

What are types of damages?

Last Updated: 11th April, 2020

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There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

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In this regard, what is the difference between compensation and damages?

Damages are usually awarded for tortious acts or civil breach of contracts where as compensation is awarded for any loss due to criminal acts that can be compensated.

Also Know, what two types of damages might be awarded in a civil case? The two types of compensatory damages for pecuniary loss are: Expectation Damages: in a breach of contract case, for instance, damages intended to cover what the injured party expected to receive from the contract. Calculations are usually straightforward as they are based on the contract itself or market values.

Moreover, what are the two types of damages?

Generally, there are two types of damages: compensatory and punitive. (The term "damages" typically includes both categories, but the term, "actual damages" is synonymous with compensatory damages, and excludes punitive damages.)

What kind of damages can you sue for?

Learn about the types of damages (losses) for which you can seek monetary compensation in a personal injury case.

  • Special Compensatory Damages. Special damages compensate for monetary expenses incurred because of an injury.
  • General Compensatory Damages.
  • Wrongful Death Damages.
  • Punitive Damages.
  • Collecting Damages.

Related Question Answers

Nosakhare Cobian

Professional

How are damages awarded?

Damages. At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages.

Cesario Handzhaevsky

Professional

What are the 3 types of damages?

Types of Damages
  • COMPENSATORY. Compensatory damages are generally the most identifiable and concrete type of damages.
  • GENERAL. General damages are sought in conjunction with compensatory damages.
  • PUNITIVE. Punitive damages are meant to punish a Defendant for particularly egregious conduct.

Steven Tzahilov

Professional

What are nominal damages?

Nominal damages refers to a damage award issued by a court when a legal wrong has occurred, but where there was no actual financial loss as a result of that legal wrong. Typically, when a nominal damage award is used, the plaintiff will be awarded $1 or $2.

Felicio Liedtke

Explainer

What is an example of compensatory damages?

Examples of Actual Compensatory Damages
Medical and hospital bills. Medical treatments. Rehabilitation expenses. Physical therapy. Ambulance expenses.

Lancine Domec

Explainer

What is the purpose of exemplary damages?

Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Punitive damages cannot generally be awarded in contract disputes.

Simion

Explainer

Are attorneys fees punitive damages?

As stated, attorney's fees may be awarded by the court if the defendant acted in such a way that a jury would have been justified in awarding punitive damages. As long as it would have been appropriate for the jury to award punitive damages (something decided by the court), then the court can award attorney's fees.

Aimei Wienhoft

Pundit

What is the meaning of liquidated damages?

Liquidated damages (also referred to as liquidated and ascertained 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 (e.g., late performance).

Lorea Larroca

Pundit

Which term best describes damages that are specifically meant to punish someone?

General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.

Yaimara Suemenich

Pundit

What is pecuniary damage?

Pecuniary damages are damages that have a discernible, quantifiable monetary amount attached to them. Examples include medical bills, property damage and loss of wages. These are typically things like pain and suffering, loss of quality of life, future wages and emotional distress.

Tieb Elberskirch

Pundit

What is the difference between damages and remedies?

A remedy is given to restore an injured or aggrieved person to the position they were in before the injury or wrongful action occurred. Legal remedies allow the non-breaching party to recover monetary damages. In contrast, equitable remedies are non-monetary solutions to resolve the disputed issue.

Hristinka Wirtensohn

Pundit

How are damages calculated?

Many plaintiffs' attorneys were trained to use one of two methods for calculating pain and suffering. The first method is to multiply the plaintiff's actual damages (medical bills and lost wages) by a certain number, generally between 1 and 5 (depending on the severity of the injury).

Goiuria Saude

Teacher

What are damages in contract law?

Damages in contract law are a legal remedy available for breach of contract. Damages are an award of money to compensate the innocent party. The primary purpose of damages in contract law is to place the injured party in the position they would have been in had the contract been performed.

Turid Garthoffner

Teacher

What is general and special damages?

General damages represent the types of damages that can't easily be assigned a monetary value, such as pain and suffering, loss of consortium and emotional trauma. Special damages include things like medical bills and lost wages. These are your “out of pocket” expenses.

Arina Ciotti

Teacher

What are the different kinds of money damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

Efidencia Germani

Teacher

What are the most frequently awarded legal damages?

Compensatory damages: This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere.

Saliha Hommert

Reviewer

Who pays punitive damages in a car accident?

Judges or juries may award punitive damages in some motor vehicle accident cases. However, a plaintiff may not ask for punitive damages until the judge or jury has already awarded compensatory damages. At that point, you may begin another stage of your case and present evidence that you should receive punitive damages.

Marcu Cremers

Reviewer

What is the purpose of damages?

Measure of damages in contract. Generally, the purpose of an award of damages for breach of contract is to compensate the injured party. The general rule is that damages are meant to place the claimant in the same position as if the contract had been performed.

Ouiam Toomes

Reviewer

What is a consortium claim?

As part of a personal injury lawsuit, a loss of consortium action is usually a standalone claim brought by the spouse or family member of a person who has been injured or killed as a result of the defendant's negligent or intentional action.

Laurencia Umar

Reviewer

How are civil damages collected?

Civil damages are monetary awards owed to a winning plaintiff by the losing defendant in a civil case tried in a court of law. Civil damages are granted when a person is injured or suffers a loss that stems from the wrongful or negligent actions of another party.