Damages are a monetary award given to someone who has suffered due to the actions of another entity or party. They are compensation to fix what the other party did to the injured party. There are many types of damages our attorneys at Brandy Austin Law Firm consider, that vary based on the type of case.
Punitive Damages-Punitive damages are essentially the civil version of prison time. Punitive damages are used to punish a defendant in addition, so alongside, the actual damages. For example if the actual damages are $ 100,000, the punitive damages may add on another 100k, or more/less based on the case. To be awarded punitive damages, the plaintiff must prove oppression, fraud, or malice. These damages exist to prevent others from being hurt by the sane/ similar actions.
Compensatory– These kinds of damages are awarded to the victim to compensate for the losses that resulted from the other party’s actions. The amount of money is based on the severity of the losses and the type of circumstances. Compensatory damages can come in many forms. You can receive compensation for medical bills, lost wages, shortened life expectancy, and even emotional distress.
Nominal– these kinds of damages are awarded when no financial loss has occurred, but the plaintiff’s rights have been violated. These damages can come in extremely low amounts, even as low as one dollar. These kinds of damages aren’t for compensation, but just to show that the rights of the plaintiff have been violated. These are usually implemented when a ruling is in favor of the party, but there is no real loss to compensate. Essentially, nominal damages are just for show.
Liquidated– these damages are pre set. Usually in contracts, these damages are set as a “ just in case” policy. They are set just in case there is a breach of contract or agreement between two parties. Implementing these damages provides a safety net for both parties in a deal and further ensures that there won’t be a breach in contract.
Reduced Earning Capacity– This type of compensation is used when the harm caused by the other party has left the plaintiff unable to work or earn money for the rest of their career life.
Out of Pocket Expenses– Any expenses you have to pay for to treat your loss or injury out of pocket can also be awarded in compensation.
When trying to navigate what kind of damages can be awarded in a case, make sure to consult your attorney to make sure that you get all information about your compensation. By discussing with our Dallas, TX personal injury lawyer, you can make sure that you don’t miss out on any compensation that you are legally obligated to receive.
