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Damages

The monetary compensation a court may award to a plaintiff who proves legal harm — categories include compensatory, punitive, and nominal damages.

Damages are the monetary remedy in civil litigation. Compensatory damages aim to make the plaintiff "whole" — covering actual losses. They divide into economic damages (quantifiable: medical bills, lost wages, property damage, future care costs) and non-economic damages (subjective: pain and suffering, emotional distress, loss of consortium). Some states cap non-economic damages in medical malpractice and tort cases.

Punitive damages (also called exemplary damages) go beyond compensation — they are designed to punish defendants for especially egregious, malicious, or reckless conduct and to deter similar behavior. Punitive damages are not available in every case; they require clear and convincing evidence of bad conduct and are constitutionally constrained to roughly a 4:1 ratio to compensatory damages per Supreme Court guidance.

Nominal damages (often $1) are awarded when a legal right was violated but no measurable harm occurred. Statutory damages are set by law — for example, copyright infringement can trigger $750–$30,000 per work without proving actual damages. Understanding which categories apply to your claim significantly affects whether it's worth pursuing.

Real-World Example

The drunk driving accident victim was awarded $180,000 in compensatory damages (medical bills + lost wages) and $540,000 in punitive damages against the defendant for reckless conduct.

Related Terms

SettlementContingency FeeJudgment
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