While considering filing a civil dispute, you may be confused about what qualifies as damages. Generally, the extent of damages determines the amount you’ll ultimately be able to settle for, so it’s important to fully understand what does or does not count as damages as it relates to your personal injury dispute. It is very important that you have adequate proof of any damage claim that you attempt to make. A lawyer can help you prepare adequate proof.
What are Damages?
Damages can be divided into two major categories, economic and non-economic. Economic damages are those that damage your financial state such as:
- Damage to property or other capital
- Loss of potential earning
- Medical expenses
- Expenses that wouldn’t have otherwise arisen without the concerned circumstances.
These damages must have an adequate paper trail to be considered legitimate in court. On the other hand, non-economic damages are a bit less concrete these damages can be a variety of negative consequences lasting from the concerned circumstances, but here are several examples:
- Pain, suffering, or injury
- Worsening of any pre-existing conditions
- Emotional disturbance
- Loss of enjoyment
Next, this article will briefly outline the difference between the three types of punishments that may be doled out to the defendant if your damages claim is accepted.
What Are Compensatory Damages?
Compensatory damages are, as the name suggests, damages that you receive financial compensation for. If your claim relates to injury or damages caused by someone else, even if it was a mistake, you can likely receive compensatory damages if you can provide adequate evidence. The circumstances that constitute compensatory damages are as follows:
- The defendant breached a binding agreement that resulted in your injury or illness
- This breach directly or indirectly caused you economic or non-economic damage
What Are Punitive Damages?
Punitive damages are a court ruling that is meant to punish the defendant for some form of wrongdoing. This sort of damage is awarded based on the type of behavior exhibited by the defendant and is up to a judge to pursue.
What are Nominative Damages?
Nominative damages are essentially a court record of the defendant’s wrongdoing used in situations where said wrongdoing isn’t sufficient to warrant any other kind of damage settlement.