What types of damages are there?

Damages are divided into a number of categories upon which the recovery may be based, such as:

(1) Compensatory Damages for the purpose of making a person “whole again” (put back in the position which existed before the loss or harm). Compensatory damages can be divided into two sub-categories;

(a) General Damages resulting from the act or failure to act on the part of the person at fault – the amount needed to restore the fair market value of the property to its owner (the injured party); and

(b) Special Damages not resulting from the wrongful act or failure to act itself, but from the circumstances after the loss or harm has occurred. Special damages include out-of-pocket items that can be documented, such as the need to rent replacement property (such as a car rental) or the cost of services (such as the cost to have property valued or appraised);

(2) Future Damages that are certain to occur in the future as a result of the loss or harm are recoverable so long as there is a satisfactory basis for which the future, anticipated losses or harms can be determined. Without a satisfactory basis, future damages are speculative and are not subject to recovery;

(3) Incidental Damages include the reasonable charges, expenses, or other costs which flow from the loss or harm – such as delivery expenses and the cost of photocopies;

(4) Punitive Damages can be assessed against the party at fault to punish the wrong-doer for his/her willful, malicious, or oppressive behavior and to deter others from acting in a similar manner.

If you were in a car accident and need help with payment for your losses, contact an experienced car accident attorney right away. If your loss was another type of insured loss, perhaps to your home or your belongings, contact an insurance lawyer for help.

Case Studies: Types of Damages in Legal Cases

Case Study 1: Compensatory Damages

Emily, a pedestrian, was severely injured when she was struck by a negligent driver while crossing the street. As a result of the accident, she suffered physical injuries, emotional distress, and incurred medical expenses. Emily filed a personal injury lawsuit against the driver to seek compensation for her losses. In court, Emily’s attorney presented evidence of her medical bills, therapy costs, and the impact the accident had on her daily life. The jury awarded Emily compensatory damages, which included general damages for her pain and suffering, as well as special damages to cover her medical expenses and other financial losses.

Case Study 2: Future Damages

Mark, an employee, was exposed to hazardous chemicals at his workplace due to the employer’s negligence in providing proper safety measures. As a result, Mark developed a chronic respiratory condition that would require ongoing medical treatment and future medical expenses. Mark pursued a workers’ compensation claim and filed a lawsuit against his employer to secure compensation for his future damages. With the help of his attorney, Mark presented expert medical testimony and projections of his future medical costs. The court determined that Mark was entitled to receive future damages, ensuring he would have the necessary funds to cover his ongoing medical needs.

Case Study 3: Punitive Damages

Sophia, an employee at a company, endured severe harassment and discrimination based on her gender. The company’s management was aware of the situation but failed to take appropriate action to address the issue. Sophia decided to take legal action against her employer, seeking compensation for the harm she suffered and holding the company accountable.

During the trial, Sophia’s attorney presented evidence of the company’s willful disregard for her rights and well-being. The jury, recognizing the egregious nature of the company’s conduct, awarded Sophia punitive damages in addition to compensatory damages. These punitive damages served as a form of punishment for the company’s actions and aimed to deter similar behavior in the future.