What is the difference between compensatory and punitive damages?

• COMPENSATORY. Compensatory damages are generally the most identifiable and concrete type of damages. ...
• GENERAL. General damages are sought in conjunction with compensatory damages. ...
• PUNITIVE. Punitive damages are meant to punish a Defendant for particularly egregious conduct.

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 three 3 Things Must a court consider in reviewing punitive damages?

To ensure that unconstitutional punishment is not imposed in the form of punitive damages, the Court has set forth three "guideposts" for courts to consider in reviewing punitive damages awards: "(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm ...

What are the four types of damages?

What are the different purposes of compensatory damages and of 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 are the 5 types of damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

Are emotional distress damages compensatory?

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

What do punitive damages mean?

Punitive damages are awarded in addition to actual damages in certain circumstances. 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.

What do you mean by punitive?

Definition of punitive

: inflicting, involving, or aiming at punishment severe punitive measures.

What are compensatory damages also known as?

Compensatory damages are also referred to as “actual damages.” It means the objective dollar amount needed to compensate (hence, the name) a plaintiff for the monetary value of what they either lost or incurred because of the injury. Typical compensatory damages in an injury claim include: Medical bills.

What is the standard measure of compensatory damages?

The standard measure of compensatory damages is the difference between the value of the breaching party's promised performance under the contract and the value of her or his actual performance. This amount is reduced by any loss that the injured party has avoided.

What are two types of compensatory damages 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 damages and compensation?

Damages are awarded for suffering injury while compensation stands on a higher footing. Compensation aims to place the injured party back in a position as if the injury has not taken place by way of pecuniary relief for the caused injury.

Which of the following injuries are eligible for compensatory damages?

Explanation: if you suffer pain , and does not have any disease then no one will compensate. but insurance cimpanirs alwats compensate for fraud and damage caused in riots and hartals.

What is the difference between general and punitive damages?

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.

What are the 6 types of damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

What is the most common type of damages awarded by a court?

General Damages. General damages cover the loss directly and necessarily incurred by the breach of contract. General damages are the most common type of damages awarded for breaches of contract.

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

There are three common types of damages awarded in a civil tort or wrongful death case: economic, non-economic and punitive (Harvard Law).

When should you ask for punitive damages?

As such, punitive damages are usually reserved for cases where the defendant's conduct is beyond merely negligent or intentional; the conduct must be reckless, malicious, fraudulent, wanton, outrageous, or otherwise more deserving of punishment in the eyes of the judge or jury.

How do you quantify punitive damages?

To determine the amount of punitive damages to award, the Book of Approved Jury Instructions (BAJI) states that the jury should consider: (1) The reprehensibility of the conduct of the defendant. (2) The defendant's financial condition and (3) the relationship to actual damages.

What factors does the court consider before awarding punitive damages?

“Punitive damages are triggered by conduct that may be described by such epithets as high-handed, malicious, vindictive, and oppressive. They are awarded where the court feels that the award of compensatory damages will not achieve sufficient deterrence and that the defendant's actions must be further punished.