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Damages

Posted on:5/31/2012
Damages is the amount of money awarded in a lawsuit to compensate for losses or injuries sustained to the person, property, or legal rights through the unlawful actions of another.


Damages is the amount of money awarded in a lawsuit to compensate for losses or injuries sustained to the person, property, or legal rights through the unlawful actions of another. The primary goal of damages is to compensate a person for such injury, using monetary terms. Under the theory of the law of damages, a victim is entitled to a damage award that equates with the loss incurred, that is, to restore the victim to the position he or she would have had prior to sustaining the injury.

 

The major classifications include compensatory damages, exemplary damages, liquidated damages, and nominal damages.

 

Compensatory damages are awarded in accordance with the principles and limitations of just compensation. As such, compensatory damages are intended to equate with and to offset the amount of damage the injured person has suffered. The largest category of compensatory damages is general damages. These are also known as actual, direct, or necessary damages, which are those that flow as a direct and necessary consequence from the unlawful conduct of the party being sued. Another category is special damages. Special damages are actual, but not necessarily the result of the unlawful conduct. Special damages include such items as medical expenses or lost wages.


  
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