What is the difference between compensatory and aggravated damages?Asked by: Asha Rippin | Last update: February 19, 2022
Score: 4.6/5 (19 votes)
The main difference between these two types of damages is that they are directed toward different parties of a civil claim. Compensatory damages are awarded to benefit the plaintiff and to help him or her cover the costs of an accident and/or injury.
What are the 2 types of compensatory damages?
There are two types of compensatory damages—general and actual. Actual damages are intended to provide funds to only replace what was lost. General compensatory damages awarded are more complex, as these compensatory damages do not represent a monetary expenditure.
What are three 3 types of damages award in a tort case?
There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive.
What is the difference between compensatory damages and punitive 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 meant by aggravated damages?
Related Content. Damages to provide compensation for mental distress or injury to feelings caused by the manner or motive with which a wrong was committed or by the defendant's conduct subsequent to the wrong.
What is the difference between compensatory and punitive damages?
What is the purpose of compensatory damages?
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.
When can claim aggravated damages?
An easier definition of aggravated damages would be the special and highly exceptional damages awarded when the defendant's conduct is wrongful (tortious) and the conduct has subjected the plaintiff to humiliating and malicious circumstances.
What are compensatory damages also known as?
Also known as actual damages. The amount of money awarded to a party in a civil action to compensate for an injury or loss caused by another party's unlawful conduct. The purpose of compensatory damages is to make the claimant "whole," not to punish the wrongdoer.
How do you calculate compensatory damages?
Add up the total replacement cost for your items. Add the other costs and fees that you have incurred in prosecuting the lawsuit, including your attorney fees, postage and filing fees. You can also include other losses for which you are entitled to compensation, such as loss of work or loss of lifestyle.
Which one of the following is a form of compensatory damages?
Compensatory Damages – Compensating You for Your Expenses
These damages may include medical bills, lost wages, loss of earning potential, and even emotional distress.
Are pain and suffering damages compensatory?
Compensatory damages are meant to offset an injury sustained by an individual. “General” damages may also be awarded for pain and suffering, mental anguish, loss of consortium, and lost opportunity for future enjoyment of life. ...
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.
Which damages are generally the highest?
PUNITIVE. Punitive damages are meant to punish a Defendant for particularly egregious conduct. They are the most difficult damages to obtain as the burden the Plaintiff must meet to receive punitive damages is very high.
What is 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 the types of damages?
- General and Special Damages.
- Substantial Damages.
- Aggravated and Exemplary Damages.
- Liquidated and Unliquidated Damages.
- Consequential Damage and Incidental Loss.
Are compensatory damages special or general?
General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.
Which injuries are eligible for compensatory damages?
- 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.
Are emotional distress damages compensatory?
Emotional distress damages are a subset of what are commonly called “compensatory damages.”
Which of the following is the general goal of compensatory damages?
The goal of compensatory damages is to “make the plaintiff whole.” In other words, an attempt is made to put the person injured in the same position they would have been in without the injury ever occurring. This is generally referred to as the “made whole” rule.
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 two types of compensatory damages in insurance quizlet?
The two types of compensatory damages that can arise out of an injury are special damages and general damages. Special damages are awarded to an injured party for tangible losses.
What is the difference between compensatory and punitive damages quizlet?
What is the difference between compensatory and punitive damages? Compensatory damages are intended to compensate the injured for the loss. When a tort is intentional, punitive damages may also be awarded to punish the person who committed the tort.
What is non compensatory damage?
Non-Compensatory Damages means any and all damages awarded by a court of competent jurisdiction that are penal in nature, including, without limitation, punitive, punitory, exemplary, vindictive, imaginary or presumptive damages.
Are exemplary damages compensatory damages?
An award for exemplary damages is considered separately to other heads of damages. ... 11.30 While compensatory damages may often be sufficient remedy for serious invasions of privacy, additional damages will sometimes be justified where the conduct of the defendant can be characterised as outrageous or contumelious.
What is exemplary and aggravated damages?
Aggravated damages: awarded to a plaintiff who suffers increased distress as a result of the manner in which a defendant behaves when committing the wrong or thereafter. 5. Exemplary damages: awarded to mark the court's disapproval of the conduct of the defendant and to deter its repetition by the defendant or others.