Damages

Damages, in law, are sums of money that a court orders a wrongdoer to pay a victim for injuring the victim or for causing the victim some monetary loss, such as the wages lost when an injury causes a victim to miss work. To collect damages, a victim ordinarily must show that the loss or injury has been suffered because of the wrongdoer’s fault, carelessness, or breach of (breaking a) contract.

Some common types of damages include compensatory, general, nominal, and punitive damages. Compensatory damages are recovered only for actual losses suffered by a victim, such as the cost of repairing an automobile damaged in an accident. Most damages are compensatory. General damages are those that would naturally result from the wrongdoer’s unlawful act or breach of contract, such as the loss of sales resulting from a copyright violation. Nominal damages are small awards given in cases where a person’s rights have been violated, but where no substantial loss has occurred. Suits fought on principle are often settled in this way. Punitive damages are a punishment imposed on the wrongdoer. They are given in addition to other damages, when the wrongdoer has either purposely harmed the other person or acted recklessly.

Damages awarded vary with each case because the circumstances of each case are different. Also, many damage suits are tried before juries, and each jury may award damages differently. Damages may include elements that are hard to measure in money, such as pain and suffering. Some damages may also have to be calculated for harm that will occur in the future because of the victim’s loss or injury.

See also Negligence; Tort.