Compensatory Damages
Candlefocus EditorCompensatory damages fall into two main categories: actual damages and general compensatory damages. Actual damages are designed to only replace what was lost by the plaintiff and are usually given a fixed dollar amount. The court determines the exact amount of compensatory damages based on the evidence presented in the case. These compensatory damages can include reimbursement for medical bills, legal fees, and any other economic losses incurred.
General compensatory damages are less easily quantified and take into account the emotional damage caused by the defendant’s actions. They compensate the plaintiff for physical and emotional distress, pain and suffering, loss of companionship, lost wages or earning potential, and loss of life enjoyment. Since these compensatory damages are harder to calculate, a jury is asked to assess the damages.
Compensatory damages are an important remedy in civil court cases as they provide financial security to the victim and help to deter future instances of wrongdoing. They are awarded only when the defendant has been proven by a preponderance of the evidence to have caused harm to the plaintiff. It should be noted that the court will not award compensatory damages if the defendant was proven to have acted with gross negligence or malice, as these are offenses for which punitive damages may be sought instead.
In conclusion, compensatory damages are a form of financial compensation designed to restore a plaintiff’s losses as a result of the defendant’s actions in a civil court case. They are usually in the form of economic (actual) and non-economic (general compensatory) damages and are awarded based on the evidence presented. Punitive damages may also be awarded instead, depending on the degree of the defendant’s negligence or malice. The importance of compensatory damages is designing a monetary award for the plaintiff and to set an example for future offenders.