What Are The Types Of Damages I Can Recover?

If you have suffered harm or injury, you might be wondering about the types of damages you can recover. Damages are financial compensation awarded to a person who has suffered harm or injury caused by another’s conduct. They aim to restore the injured party to the position they would have been in had the harm or injury not occurred. In this article, we will explore the different types of damages that can be recovered in various legal situations.

Compensatory Damages

Compensatory damages aim to compensate the injured party for their losses. These can be further divided into two categories:

Actual Damages

Actual damages are the direct financial losses incurred as a result of the harm or injury. These can also be referred to as economic damages. Examples include medical bills, lost wages, property damage, and funeral expenses.

General Damages

General damages are intangible losses incurred as a result of the harm or injury. These can also be referred to as non-economic damages. Examples include pain and suffering, emotional distress, and loss of consortium (loss of companionship).

Punitive Damages

Punitive damages are awarded to punish the wrongdoer for their actions and deter them and others from engaging in similar conduct in the future. Punitive damages are often awarded in cases where the wrongdoer’s conduct was particularly egregious or intentional.

Special Damages

Special damages are awarded in cases where the losses incurred by the injured party are unique to their situation. These can include things like lost profits or future earnings, which may require expert witnesses to accurately calculate.

Nominal Damages

Nominal damages are a small amount of money awarded to the injured party to recognize that their rights were violated, but they did not suffer any actual harm. These damages are often awarded in cases involving constitutional or civil rights violations.

Liquidated Damages

Liquidated damages are a predetermined amount of damages agreed upon by the parties in a contract. These damages are often used in commercial contracts to compensate for breaches of contract.

Comparative Damages

In some states, comparative damages are awarded to the injured party based on their degree of fault in the incident. This means that if the injured party is partially responsible for their injuries, their damages will be reduced in proportion to their percentage of fault.

Conclusion

Understanding the different types of damages that can be recovered in legal situations can be essential in seeking the appropriate amount of compensation. It is essential to work with an experienced lawyer to determine which types of damages are applicable in your specific case. By knowing your rights and what to expect, you can ensure that you receive the full and fair compensation you deserve.

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