1. What Are Damages in a Civil Lawsuit?
Damages are that kind of an award which the plaintiff receives as remuneration for injury or harm caused by the defendant. They may comprise of compensatory damages, punitive damages, or nominal damages.
2. What Are Compensatory Damages?
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Compensatory damages seek to “make the plaintiff whole” by reimbursing actual losses. There are
Economic damages: Tangible losses such as medical expenses, loss of wages, and property damage.
Non-economic damages: Intangible losses such as pain and suffering or emotional distress.
3. What Are Punitive Damages?
Punitive damages are given to punish the defendant for especially egregious or malicious conduct and to deter similar behavior in the future. These are less common and usually require a showing of willful misconduct.
4. How Are Damages Calculated?
The calculation depends on the type of damages:
Economic damages are based on receipts, invoices, or expert testimony.
Non-economic damages are more abstract and tend to be influenced by the severity of the injury or the plaintiff’s quality of life.
5. What Are Nominal Damages?
Nominal damages are simply a small, token monetary judgment awarded when a plaintiff demonstrates a defendant’s liability but does not demonstrate a meaningful loss or harm.
6. What Is the Role of an Attorney in Awarding Damages?
Attorneys collect evidence, retain experts, and construct a case to establish liability and put a number on damages. They also negotiate settlements or argue for damages at trial.
7. Are There Caps on Damages?
Yes, some jurisdictions limit certain types of damages, such as punitive or non-economic damages, especially in medical malpractice or personal injury cases.
8. How Are Damages Paid?
Damages are usually paid as a lump sum or through structured settlements. The payment process usually depends on insurance coverage, especially in cases involving auto accidents or medical malpractice.
