Damages at Legal Glossary

What is it? In a lawsuit, money awarded to one party based on injury or loss caused by the other. There are many different types or categories of damages that occasionally overlap, including: compensatory damages Damages that cover actual injury or economic loss. Compensatory damages are intended to put the injured party in the position he was in prior to the injury. Compensatory damages typically include medical expenses, lost wages and the repair or replacement of property. Also called actual damages.general damages Damages intended to cover injuries for which an exact dollar amount cannot be calculated. General damages are usually composed of pain and suffering, but can also include compensation for a shortened life expectancy, loss of the companionship of a loved one and, in defamation cases (libel and slander), loss of reputation. nominal damages A term used when a judge or jury finds in favor of one party to a lawsuit--often because a law requires them to do so--but concludes that no real harm was done and therefore awards a very small amount of money. For example, if one neighbor sues another for libel based on untrue things the second neighbor said about the first, a jury might conclude that although libel technically occurred, no serious damage was done to the first neighbors reputation and consequentially award nominal damages of $1.00.punitive damages Sometimes called exemplary damages, awarded over and above special and general damages to punish a losing partys willful or malicious misconduct.special damages Damages that cover the winning partys out-of-pocket costs. For example, in a vehicle accident, special damages typically include medical expenses, car repair costs, rental car fees and lost wages. Often called specials.statutory damages Damages required by statutory law. For example, in many states if a landlord doesnt return a tenants security deposit in a timely fashion or give a reason why it is being withheld, the state statutes give the judge authority to order the landlord to pay damages of double or triple the amount of the deposit.treble damages Lawyerspeak for triple damages. To penalize lawbreakers, statutes occasionally give judges the power to award the winning party in a civil lawsuit the amount it lost as a result of the other partys illegal conduct, plus damages of three times that amount.

Law Definition Added By: Kendall

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