It can be considered as a type of restitution, a penalty, or both.įor example, compensatory damages are considered as restitution to recompense the harmed party for any injury or loss that requires the party at fault to pay the victim for their physical or fiscal losses sustained.Īlso known as exemplary damages, punitive damages, on the other hand, are regarded as a penalty. The amount awarded in damages depends on the specific situation of the case as well as on the degree of the negligence or deliberately irresponsible behavior of the liable party. Simply put, damages are the amount of money that is legally required to be paid in cases, involving either violation of a person’s right or a breach of a specific duty by the at-fault party against the harmed party. In a lawsuit, legal damages (also called monetary damages) are awarded to the harmed party and are paid by the party are fault. Understanding the Fundamentals of Damagesīefore everything else, it is important to have a clear understanding of the concept of damages as well as the things that can be included as part of the compensation a claimant receives. Negligence-based personal injury cases may award economic and non-economic damages, but punitive damages are only awarded in extremely severe cases. Such kinds of damages may be awarded in a negligence claim filed in line with tort law and hence, these are usually described as tort damages. The word “compensatory” per se indicates that the damages are paid to recompense the victim for any injury, harm or loss sustained by them due to the breach of the at-fault party’s duty of care. ![]() Both economic and non-economic damages fall in the category of compensatory damages. ![]() Economic damages are sometimes referred to as “special” damages, and non-economic damages are sometimes called “general” damages. Broadly, there are three kinds of damages you can claim for in a personal injury case, viz., economic damages, non-economic damages, and punitive damages.
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