What is the difference between compensatory and punitive damages quizlet?

What are compensatory damages Provide example s?

Compensatory damages are typically awarded in medical malpractice lawsuits, usually for medical bills, hospital bills, rehabilitation expenses, and compensation for lost earnings.

How are compensatory damages calculated?

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.

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 is the difference between compensatory and aggravated damages?

The same conduct may give rise to aggravated and/or punitive damages. Aggravated damages are compensatory while punitive damages are intended to be punishment for wrongdoing. Aggravated damages require proof of injury while punitive damages do not.

What is the difference between compensatory and consequential 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.

What is punitive damages quizlet?

What are punitive damages? Damages awarded that are intended to punish the defendant for conduct that is extreme and outrageous.

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 commonality of compensatory punitive and nominal damages?

The law recognizes three major categories of damages: COMPENSATORY DAMAGES, which are intended to restore what a plaintiff has lost as a result of a defendant's wrongful conduct; nominal damages, which consist of a small sum awarded to a plaintiff who has suffered no substantial loss or injury but has nevertheless ...

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.

Can you get 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 ...

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 punitive and exemplary damages the same?

Punitive damages go beyond compensating the aggrieved party and are specifically designed to punish defendants whose conduct is considered grossly negligent or intentional. They are also called exemplary damages when they are intended to set an example to deter others from committing similar acts.

What is punitive damages in real estate?

Definition of "Punitive damages" ... Also called exemplary damages, punitive damages are damages achieved by a judicial award for a plaintiff in a lawsuit in addition to the actual damages. Punitive damages are used to penalize the defendant for bad faith, malice, fraud, violence, or evil intent.

What are punitive damages in Ontario?

Punitive damages are awarded when the impugned conduct offends “the ordinary standards of morality or decent conduct”; Extreme power imbalance and vulnerability of the wronged party can be significant features when considering punitive damages; “[P]unitive damages are the exception rather than the norm”; and.

Is a tort and a compensatory damage the same thing?

Damages in tort are generally awarded to restore the plaintiff to the position he or she was in had the tort not occurred. In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury. Damages are classified as compensatory (or actual) damages and punitive 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.

What is the difference between special damages and general damages?

In tort law, special damages are damages like car dents or medical expenses that can actually be ascertained, and they are contrasted with general damages, which refer to damages for things like intentional infliction of emotional distress which do not have a set monetary cost.

What is difference between damages and compensation?

Damages are monetary awards given to victims of accidents to compensate for the losses suffered by them whether physical, emotional, or financial. Compensation is a concept that attempts to redress any wrongdoing to an individual or any losses suffered by him because of the guilt of any other person in monetary terms.

What are the types of damages?

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.