The standard type of damages available in a tort case is compensatory damages, which are designed to compensate the plaintiff for the harm that she suffered as a result of the tortfeasor’s unreasonable conduct. Compensatory damages would include the medical bills incurred by the plaintiff, lost wages, pain and suffering, and other damages the plaintiff can prove that she incurred as a result of the defendant’s conduct.
The other types of damages available ages. Nominal damages are negligible damages or damages in name only. Juries sometimes will award only nominal damages if the plaintiff technically has proven her case but is not able to show any real harm. However, punitive (sometimes called exemplary) damages present a much different picture. Juries impose punitive damages to punish the wrongdoer and send a message that such conduct will not be tolerated. Punitive damages are based in part on the wealth of the defendant.
- What is the duty to mitigate damages?
- Which states still do have contributory negligence?
- Why is comparative fault considered fairer than contributory negligence?
- Who determines the percentages of fault of the parties?
- What are the different forms of comparative negligence?
- What happens if both parties (plaintiff and defendant) are negligent?
- If you fall on a slippery floor in a store, can you sue for negligence?
- Where does the term good Samaritan come from?
- Can a Good Samaritan be held liable if he or she acts negligently even though they are trying to help?
- What if some unexpected event causes damage to a plaintiff after a defendant’s negligent act?
- Can an employer be held negligent if it retains or hires an employee who is dangerous to the public?
- Can a business be liable for injuries caused to its patrons by third parties?
- What was the case of Palsgraf v. Long Island Railroad Company concerning proximate causation?
- What are the two types of causation in tort cases?
- What is res ipsa loquitur?
- What is negligence perse?
- Are children held to the same standard of care as adults?
- What is a reasonable person ?
- What is negligence and what are the elements of a negligence claim?
- What are some defenses to intentional torts?
