What are the three main types of damages in law?
Asked by: Prof. Karley Block | Last update: February 16, 2026Score: 4.7/5 (66 votes)
The three main types of damages in law are Economic, Non-Economic, and Punitive, with Economic covering quantifiable monetary losses (like medical bills, lost wages) and Non-Economic addressing subjective losses (like pain and suffering, emotional distress), while Punitive damages are awarded to punish malicious conduct rather than compensate for losses.
What are the three types of damages?
What are the 3 Types of Damages? There are three types of damages in personal injury claims: non-economic damages, economic damages, and punitive damages. Special and general damages are alternative terms used to describe economic and non-economic losses.
What are common law damages?
Common law damages is a payment made after a common law claim. It's paid if: an employer is found to have breached their duty of care to a worker, and; a worker has experienced an injury that's caused them loss as a result of that breach.
How many types of damages are there in law?
Damages include the following types: compensatory, nominal, liquidated, and consequential.
What are 3rd party damages?
Third Party Damages means damages, which are an obligation of an owner as a result of a court- approved settlement or judgment in a civil action against the owner by a party who has suffered bodily injury or property damage as defined in this part.
Types of Tort Damages
What is the difference between own damage and third party damage?
Own-damage insurance covers your vehicle against damages due to accidents, theft, and natural or man-made disasters. Unlike third-party insurance, it focuses on protecting your own car. For instance, if an inexperienced driver damages their own car, own damage insurance would cover the repair costs.
What does $100 k /$ 300k /$ 100k mean?
"100k/300k/100k" refers to standard split limits for car insurance liability coverage: $100,000 bodily injury per person, $300,000 bodily injury per accident, and $100,000 property damage per accident, protecting you if you're at fault for causing injury or damage to others in a car crash, covering medical bills and property repair costs up to those limits.
What are the most frequently awarded legal damages?
Compensatory damages are the most common form of damages awarded in civil cases. They are awarded to cover the losses the injured party suffered due to the defendant's actions, essentially making the injured party “whole” again. These damages can be economic or non-economic.
What are the three major types of torts?
Torts fall into three general categories:
- Intentional torts (e.g., intentionally hitting a person);
- Negligent torts (e.g., causing an accident by failing to obey traffic rules); and.
- Strict liability torts (e.g., liability for making and selling defective products - see Products Liability).
How much will I get from a $25,000 settlement?
From a $25,000 settlement, you'll likely get significantly less than the full amount, often around $8,000 to $12,000, after attorney fees (typically 33-40%), case costs (filing fees, records), and medical bills/liens are paid, with the exact amount depending on how much your lawyer charges and the total medical expenses you owe.
What are the six types of damages?
There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.
What is emotional distress?
Emotional distress means significant mental suffering or anguish, an overwhelming negative emotional reaction (like intense anxiety, sadness, or fear) caused by stress, trauma, or conflict, which disrupts daily life and coping ability. It's a broad term covering a range of symptoms from feeling overwhelmed to conditions like depression or PTSD, and can stem from personal issues, life events, or even the harmful actions of others.
What are statutory damages in law?
Statutory damages are a type of damages awarded in a successful claim to compensate for an injury or loss, whose amount is pre-established by statute. Statutory damages are commonly used in areas of the law in which it might be complex to establish the degree of harm or loss caused to the plaintiff.
What is the most common type of damages awarded by a court?
Compensatory damages. Compensatory damages are the most common damages awarded in personal injury cases. These damages, as their name suggests, are used to compensate the victim for their losses associated with the injury. Compensatory damages can further be divided into economic and non-economic damages.
What are the 3 C's of a contract?
The "3 Cs of a contract" usually refer to Character, Capacity, and Capital, used by surety bond underwriters to assess contractor risk, but can also mean Certainty, Commitment, and Consideration in basic contract formation, or even Contracts, Communication, and Client Documentation for A&E firms. The most common interpretation, especially in construction, focuses on the surety's evaluation of a contractor's integrity (Character), ability to perform (Capacity), and financial strength (Capital).
What types of damage can be claimed?
General damages can be awarded for a variety of different claims, including:
- Personal injury claims.
- Public liability claims.
- Road traffic accident claims.
- Medical negligence claims.
What is the hardest tort to prove?
The hardest tort to prove often depends on the facts, but Intentional Infliction of Emotional Distress (IIED) and complex negligence cases like medical malpractice, toxic torts, or cases involving proving specific intent are notoriously difficult due to high standards for "outrageous conduct," proving causation (especially in medical/toxic cases), or demonstrating malicious intent. Proving causation in medical malpractice and toxic torts requires significant expert testimony and linking a specific act to a severe outcome, while IIED demands proof of extreme behavior and severe distress beyond typical insults.
What are the three types of damages in tort law?
Tort Law
The types of damages awarded include compensatory damages, which cover direct losses (medical bills and lost wages), and non-economic damages (pain and suffering). Punitive damages are awarded in cases to punish the defendant for malicious or grossly negligent conduct.
What are the 4 types of negligence?
While there are various ways to categorize negligence, four common types often discussed in personal injury law are Ordinary Negligence, Gross Negligence, Contributory Negligence/Comparative Negligence, and Vicarious Negligence, each defining different levels of fault or responsibility for causing harm. Ordinary negligence is a simple failure of care, while gross negligence involves reckless disregard, contributory/comparative deals with shared fault, and vicarious negligence holds one party responsible for another's actions.
What are the four main types of damages?
The four main types of legal damages are Compensatory (to cover actual losses like medical bills, lost wages), Consequential (indirect but foreseeable losses, like lost profits), Punitive (to punish egregious behavior), and Nominal (symbolic awards for rights violated without major harm). Sometimes, Liquidated damages (pre-set amounts in contracts) are also considered a key category.
What is the most common thing to sue for?
The most common things people sue for fall into categories like personal injury (especially car accidents), contract disputes, and property disputes, often stemming from negligence, failure to meet obligations, or harm caused by another's actions or faulty products, with workplace injuries, medical malpractice, and employment issues also being frequent.
What has to be proven for damages to be awarded?
If you prove that you were harmed, that the other party is legally responsible for that harm, and the amount o damages, then the court may award you damages that will be paid by the other side. There are generally two types of damages.
What is the 80% rule in property insurance?
The 80% rule states that the policy must cover at least 80% of the property's total replacement cost, which would be the amount that it would take to rebuild the house from the ground up.
Does bodily injury cover medical bills?
The general rule in California is that an injury victim is entitled to compensation for the actual dollar value of out-of-pocket payments (co-pays, health insurance deductibles, pharmacy payments, etc.)
What does 50/100/50 mean?
$50,000 in bodily injury liability coverage per person. 100/ $100,000 in bodily injury coverage per incident. 50. $50,000 in property damage liability per incident.