What is compensatory relief?

Asked by: Justine Gulgowski MD  |  Last update: February 19, 2022
Score: 4.5/5 (70 votes)

Compensatory Relief
This is the type of relief with which most people are familiar. This is suing someone in an effort to obtain monetary compensation for damage or injuries that person or entity caused the plaintiff. Often, attorneys and courts will refer to the money sought as compensation as “damages.”

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 compensatory remedy?

Remedies in Law

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.

What is an example of compensatory?

The intention of compensatory damages is to reimburse the plaintiff for out-of-pocket expenses and to make them whole again. An example of compensatory damages may be the amount of money expended on medical bills or lost wages resulting from a car accident caused by a defendant.

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.

Compensatory Damages

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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 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 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 is the purpose of compensating for injury?

The purpose of compensation is to put the claimant back, or as close as possible to, the position they were in before the injury occurred. Claimants need to be compensated for their losses, be they additional medical expenses, loss of earnings, or damages for the pain they have suffered.

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.

Which injuries are eligible for compensatory damages?

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

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;

How is court compensation decided?

The Supreme Court observed , '' ...in assessing damages, the court has, subject to the limit of the penalty stipulated, jurisdiction of the court to award compensation in case of breach of contract is qualified except as to maximum stipulation; but compensation has to be reasonable and that imposes upon the court duty ...

Are emotional distress damages compensatory?

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

Are compensatory damages taxable?

Taxpayers who receive compensatory damage awards or settlements may have to pay income taxes on their earnings. The general tax rule for compensatory awards is that they are taxable as income unless specifically excluded by the Internal Revenue Code.

Can you receive both compensatory and punitive damages?

Judges or juries can award punitive damages in addition to compensatory damages in some lawsuits. California Civil Code 3294 allows juries to award them – but the victim in the case has to prove that the defendant's conduct amounted to malice, oppression or fraud, such as when the case involves intentional harm or ...

What is the difference between consequential damages and compensatory damages?

Compensatory damages, as the name implies, are intended to compensate a claimant for the actual loss, injury, or harm sustained. ... The term “consequential damages” is meant to indicate that the damages sought are merely an indirect “consequence” of the defendant's conduct.

Are lost wages compensatory damages?

California law allows for plaintiffs to recover lost wages in personal injury cases. ... Both lost wages and lost earning capacity are part of the compensatory damages a plaintiff can recover for a defendant's negligence, gross negligence, recklessness, intentional wrongful acts or strict liability.

What are the four types of damages?

The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary 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 does compensate for something mean?

Definition of compensate

transitive verb. 1 : to be equivalent to : counterbalance Her virtues compensate her faults. 2 : to make an appropriate and usually counterbalancing payment to compensate the victims for their loss. 3a : to provide with means of counteracting variation compensate a magnetic needle.

What is a compensatory system?

A compensatory scoring system combines scores on two testing tools in such a way that high performance on one tool will balance lesser performance on the other tool and vice-versa. ... This compensatory system allows us to maximize the ability of the personality test to balance the disparate impact of the cognitive test.

What are compensatory mechanisms?

a cognitive process that is used to offset a cognitive weakness. For example, someone who is weaker in spatial abilities than in verbal abilities might use compensatory mechanisms to attempt to solve spatial problems, such as mentally rotating a geometric figure by using verbal processes.