COMPENSATORY DAMAGES

 

Damage is a common legal word which is used if someone wins a suit.  Damages are classified into two categories namely punitive and compensatory damages.  The punitive damage punishes the suspect for the wrongdoing while the compensatory damages are intended to pay the injured person. Punitive damages can also be called exemplary damages.  Punitive damages are awarded to special cases where the defendant is found to have intentionally committed the injury to the plaintiff. The aim of punitive damages is to deter the future happening of a similar injury.  Punitive damages are not applicable in contract cases unless there is a proof that one party acted with an intention to defraud the other party. Compensatory damages can also be referred to as actual damages.   Compensatory damages can be broken down into special damages and the general damages. The special damages mostly cover the economic losses, real property, personal damages and the medical expenses. General damages entail compensation of non-economic, non-tangible issues such as stress and suffering.  In simple terms, general damages are awarded to a person who has suffered specific harm like emotional distress, pain and the suffering like a permanent limitation on a certain activity, defamation, loss of enjoyment of life, loss of mental or physical capacity, loss of the consortium and disfigurement. Disfigurement means a change of person’s body appearance permanently such that inability to walk straight again.   If the plaintiff was physically injured the compensatory damage may include even the medical bills, pays he missed during sick days and the pay he might lose in future which resulted from the injuries caused.  If the damages were on plaintiff properties, the compensatory damages may include the cost of repairs or even the value of the property.  The amount of the compensatory damages always equals to the kind of case brought by the plaintiff.

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