What are complementary damages?

Asked by: Dr. Sylvia Ritchie IV  |  Last update: February 19, 2022
Score: 4.7/5 (36 votes)

A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. Compensatory damages provide a plaintiff with the monetary amount necessary to replace what was lost, and nothing more.

What are examples of compensatory damages?

Examples of General Compensatory Damages
  • Mental anguish.
  • Disfigurement.
  • Future medical expenses.
  • Future lost wages.
  • Long-term physical pain and suffering.
  • Loss of consortium.
  • Inconvenience.
  • Loss of enjoyment of life.

What is meant by compensatory damages?

Damages: An Overview

Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury. Punitive damages are awarded to punish a wrongdoer.

What are the types of damages?

What are the different types of damages?
  • General and Special Damages.
  • Substantial Damages.
  • Aggravated and Exemplary Damages.
  • Liquidated and Unliquidated Damages.
  • Consequential Damage and Incidental Loss.

What are the 3 types of damages that can be awarded for winning a tort case?

There are three general types of damages you can sue for in a personal injury case: general, special, and punitive. Both general and special damages are compensatory damages. General damages compensate the victim for non-economic losses like emotional distress and pain & suffering.

Damages Calculation: Who, What, Where, When and How

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What are the most frequently awarded legal damages?

Compensatory damages: This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere.

Can I claim for distress and inconvenience?

There is a long line of case law which has established that a Claimant is entitled to general damages for distress and inconvenience suffered as a result of a breach of contract (see Watts v Morrow, Ezekiel v McDade, Hoadley v Edwards).

What are the four types of damages?

The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.

What are the grounds for damages?

Damages Awarded under Philippine Law
  • Actual or compensatory Damages.
  • Moral Damages.
  • Exemplary or corrective Damages.
  • Liquidated Damages.
  • Nominal Damages.
  • Temperate or moderate Damages.

What are monetary damages?

Monetary damages are a form of judicial remedy that can be awarded to a claimant in compensation for an injury or loss wrong- fully inflicted. 1 This form of remedy is most commonly referred to simply as “damages.” The essence of damages is the payment of money as a release from civil liability.

What is the difference between punitive and compensatory damages?

Compensatory damages are given to the injured victim to help pay for medical expenses and other damages created, while punitive damages are meant to penalize the at-fault party.

What are three types of damages recoverable in a lawsuit?

There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive.

How do I claim damages to negligence?

To succeed in a claim for negligence, the claimant must satisfy the following requirements on the balance of probabilities:
  1. The defendant owed a duty of care to the claimant;
  2. The defendant breached that duty of care;
  3. The defendant's breach of the duty of care caused damage or harm to the claimant;

Are emotional distress damages compensatory?

Emotional distress damages are a subset of what are commonly called “compensatory damages.”

How do you ask for compensatory damages?

If you want to seek compensatory damages, pull together all the documents you have that relate to any expenses you incurred as a result of the injury or property loss you sustained. Compensatory damages aren't limited solely to costs to replace or repair damaged property or doctor's bills for your injury.

What are prospective damages?

Prospective damages: Prospective damages are future damages that can to a moderately sufficient extent or degree be expected to occur. It is usually granted on the basis of the facts pleaded and proved by the plaintiff.

What are the 6 types of damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.
  • Compensatory Damages. ...
  • Incidental Damages. ...
  • Consequential Damages. ...
  • Nominal Damages. ...
  • Liquidated Damages. ...
  • Punitive Damages.

What are punitive damages?

Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim.

What are the 3 remedies at law?

Monetary awards (called “damages”), specific performance, and restitution are the three principle remedies.

What quantum meruit means?

Procedurally, quantum meruit is the name of a legal action brought to recover compensation for work done and labour performed "where no price has been agreed."1 The term literally means "as much as is deserved"2 and often can be seen as the legal form of equitable compensation or restitution.

What is the meaning of ordinary damages?

Ordinary damages are damages which fairly and reasonably be considered as arising naturally and directly in the usual course of things from the breach of contract itself. ... The amount of damages is measured by the difference between the contract price and the market price on the date of breach.

What are vindictive damages?

Exemplary or Vindictive Damages

These damages are awarded against the party who has committed a breach of the contract with the object of punishing the erring as defaulting party and to compensate the aggrieved party. Generally, these damages are awarded in case of action on lost or breach of promise.

Can you claim for stress?

The short answer to this question is yes, you can claim personal injury compensation for stress at work. More precisely, for the health problems it causes. However, you can only do so if the stress-related illness is severe enough to warrant making a claim and a medical diagnosis has been made.

Can I sue social services for distress?

What can be claimed for in claims against social services? When making claims against social services, you will be able to receive Social Services compensation payouts for the following: The physical pain and suffering experienced. The emotional pain and suffering experienced.

What are examples of emotional distress?

Emotional Distress Examples
  • Diminished quality of life.
  • Lost enjoyment of life.
  • Cognitive changes after a head injury.
  • Distress over a disability.
  • Embarrassment or humiliation.
  • Psychological trauma.
  • Post-traumatic stress disorder.
  • Losing sleep.