An amount of money awarded to the person injured by another’s tort.
Actual Damages
The amount awarded to compensate for one’s actual and real loss or injury.
Compensatory damages
Damages Intended or compensate the injured party for the injury sustained, and nothing more.
Consequential Damages
Such damage, loss or injury as does not flow directly and immediately from the act of the party, but only from some of the consequences or results of such act.
Continuing Damages
Such as accrue from the same injury or from the repetition of similar acts between two identified time periods.
Direct Damage
Those that follow immediately upon the act done.
Excess Liability Damages
Arise from an action against a liability carrier by an insured for the negligent handing of settlement negotiations which result in a judgment against the insured in excess of his policy limits.
Expectancy Damages
Awarded for non-performances of contract.
General Damages
Awarded for losses that have occurred as a result of an infringement of a right, such as breach of contract or personal injury. For example, an accident might give rise to pain and suffering; compensation for this would be considered general damages. Such damages cannot be quantified with precision in monetary terms, but reflect an amount the court believes necessary to compensate the aggrieved party fairly.
Nominal Damages
A minimal amount awarded where there is no substantial loss or injury to be compensated, but where it is recognized that a plaintiff had a technical invasion of his rights, or in cases where there has been a real injury but the plaintiff failed to show its amount.
Pecuniary Damages
Where loss or injury can be recompensed in money.
Proximate Damages
The immediate and direct damages and natural results of the act complained of, and such as are usual and might have been expected.
Punitive Damages
Meant to punish the party that has caused the infringement of the other party’s legal rights. Awarded over and above compensation for monetary loss. Awarded when the wrong to the plaintiff was aggravated by violence, oppression, malice, fraud, or wanton and wicked conduct on the part of the other party. They are intended to solace the injured party for mental anguish, shame, or degradation caused by the other party.
Remote Damages
The unusual and unexpected result which could not have been reasonably anticipated – a result beyond which the negligent party has no control.
Special Damages
Awarded for actual out-of-pocket expenses the party has suffered as a result of the infringement of his legal right, e.g., medical bills.
Statutory Damages
Damages resulting from statutorily created causes of action.