What are the three types of damages that could be recovered in a lawsuit?
Asked by: Duane Simonis | Last update: October 16, 2025Score: 4.2/5 (56 votes)
In a personal injury lawsuit, damages refer to the monetary compensation awarded to the plaintiff (the injured party) for the losses and injuries they suffered due to the defendant's negligence or wrongful conduct. There are three types of personal injury damages: general, special, and punitive.
What are the three types of damages awarded in a lawsuit?
Civil damages refers to how much money you may get in a settlement or court award (Kenton, 2020). There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive. An attorney can estimate how much your claim may be worth based on your damages.
What are the three types of damage?
Personal injury cases can involve three types of damages: economic, non-economic, and punitive damages. Economic and non-economic damages are the most common awards. Together, they are called “compensatory” damages. Courts award punitive damages (also called “exemplary” damages) more rarely.
What kind of damages can a plaintiff recover from?
In a California personal injury lawsuit, you may be able to recover two types of damages: compensatory damages and punitive damages.
What are examples of damages in a lawsuit?
For example, a damage award may compensate a victim for the costs of renovating a house to make it wheelchair-accessible, or the costs of in-home nursing care or assistance. Lost wages.
Types of Damages You Can Recover in a Personal Injury Case
What type of damages are most likely to be awarded?
Compensatory damages are generally the most identifiable and concrete type of damages resulting from the Defendant's misconduct. An attorney, through documents obtained during litigation, is usually able to seek a definitive amount of compensatory damages based on the injuries to a Plaintiff's person and property.
What are actual damages in a lawsuit?
In tort law , actual damages, also known as compensatory damages , are damages awarded by a court equivalent to the loss a party suffered. If a party's right was technically violated but they suffered no harm or losses, a court may instead grant nominal damages . The Supreme Court held in Birdsall v.
Which damages Cannot be recovered?
A party cannot recover for losses that he could have avoided without undue risk, burden, or humiliation. For example, an employee who has been wrongfully fired would be entitled to damages equal to his wages for the remainder of the employment period.
How to calculate compensatory damages for emotional distress?
Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...
How to prove compensatory damages?
Proving compensatory damages typically requires presenting documentation such as receipts, testimony from the plaintiff or other witnesses about the impact of the tort on the plaintiff's life, and, in some cases, expert testimony.
How to calculate damages in a civil suit?
To calculate your compensatory damages, your lawyer will start by totaling the value of your economic damages, such as medical bills and lost income. While this may sound simple enough, accurately calculating the value of your actual damages requires organization, thoroughness, and great attention to detail.
What is the most common property damage?
1) Water Damage
Water damage is one of the most common property damage claims homeowners face. It can occur due to various reasons, including burst pipes, leaking roofs, or appliance malfunctions. You might experience water damage from heavy rainfall or flooding, especially if you live in a flood-prone area.
What type of compensatory damages will pay for pain and suffering?
General Compensatory Damages
These damages reflect the broader impact of the injury on the victim's life and are often more subjective in nature. Common examples include: Pain and Suffering: This covers the physical pain and emotional distress resulting from the injury.
Is mental anguish considered punitive damage?
In personal injury cases, pain and suffering refers to the non-economic damage an injury victim may endure. Examples include acute pain, discomfort, mental anguish, loss of enjoyment of life, and emotional trauma associated with the physical injuries sustained.
What damages are awarded to make the plaintiff whole?
Compensatory damages represent the money awarded to a plaintiff in a lawsuit. This type of compensation is awarded in civil court cases. There are two types of compensatory damages—general and actual. Actual damages are intended to provide funds to only replace what was lost.
What percentage of civil cases are recovered by a settlement?
Kiser, principal analyst at DecisionSet, states, “The vast majority of cases do settle — from 80 to 92 percent by some estimates.” Other sources even claim that this number is closer to 97 percent. However, not all cases are created equally.
How much can you get for an emotional distress lawsuit?
First, there exists a garden variety emotional distress claim where you assert the claim but do not need to find and obtain a medical opinion by a therapist or psychiatrist. Generally, these claims are worth $30,000-$50,000.
How much can you get for compensatory damages?
Typically, the state of California does not place caps on compensatory damages in personal injury cases. A judge or jury can award any amount they believe is fair and reasonable for accidents. Put simply, there are no limits to the compensatory damages a plaintiff can seek in a California personal injury case.
How much compensation for distress and inconvenience?
The adjudicator will decide whether it's fair and reasonable to make an award for inconvenience and distress. They can make an award up to £2500, but most awards are between £100- £200.
Who is entitled to recover compensatory damages?
If you or someone you love were injured in an accident that is able to be attributed to the negligence, recklessness, or carelessness of another person or entity, you could be eligible to recover compensatory damages via a personal injury insurance claim or lawsuit.
How to calculate expectation damages?
As for the calculation, in brief, expectation damages are the difference between what was given and what was promised, along with consequential and incidental costs.
What are the three requirements for consideration?
The key principles of consideration in contract law are: 1) It must have value; 2) It must be negotiated and agreed upon by both parties; 3) It must be something that the law regards as having value; 4) It must be present or future, not past.
How do you prove actual damages?
Since actual damages are awarded to compensate for a pecuniary loss, the injured party is required to prove two things: (1) the fact of the injury or loss and (2) the actual amount of loss with reasonable degree of certainty premised upon competent proof and on the best evidence available.
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.
When can a case be settled?
Even after a case is filed, the parties in a civil case are allowed to settle via mutual agreement before beginning the trial, while the trial is taking place, as the jury deliberates, and as late as after the rendering of a verdict.