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Damages

In a criminal trial, the ultimate consequence is a criminal penalty such as fines, imprisonment, probation, or other punitive outcomes. In a civil trial, there is generally only one outcome: damages. Damages exist to make right an alleged wrong suffered by a plaintiff.

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Capital Partners Law

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6 years in practice
Binding Contracts, Breach of Contract, Business Arbitration, Business Contracts, Business Dissolution
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Rapaport Law Firm, PLLC

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31 years in practice
Binding Contracts, Breach of Contract, Business Litigation, Commercial Real Estate, Communication and Internet Law
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Tollison & Webb P.A.

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44 years in practice
Animal Bites, Auto Accidents, Bicycle Accidents, Binding Contracts, Birth Injury
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Ohio Legal Group

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43 years in practice
Alimony, Animal Bites, At-Fault Divorce, Auto Accidents, Binding Contracts
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Tollison & Webb P.A.

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44 years in practice
Animal Bites, Auto Accidents, Bicycle Accidents, Binding Contracts, Birth Injury
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The Goetz Firm

3 years in practice
Adoption, Alimony, At-Fault Divorce, Binding Contracts, Breach of Contract
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Compensation For Civil Wrongs

Damages are the ultimate goal of many civil lawsuits. In a civil lawsuit, there are two types of damages that can be awarded: compensatory and punitive damages.

Compensatory Damages

Compensatory damages are awarded to plaintiffs who have successfully argued their case assigning liability to the court. When compensatory damages are awarded, plaintiffs are awarded damages, often money, based on the pain, suffering, injury, loss of income, or other tangible or intangible harm inflicted. Sometimes compensatory damages require specific performance. This often occurs in cases where real estate is involved where money cannot sufficiently be used to make up for the unique value of a physical piece of land or house. The amount that may be awarded in compensatory damages is often limited by state law.

Punitive Damages

Punitive damages are a less common form of damages awarded to plaintiffs when the court finds that the defendant has acted in a particularly egregious manner. Punitive damages are intended to, as the name implies, punish bad actors that the court believes must have an example made of them. Punitive damages do not always have a limit but if they do have a limit, it is often a ratio of the amount of compensatory damages that have been awarded.

Advocating For Your Interests

If you are seeking to navigate the complexities of damages, you will need the help of an experienced contract law attorney. A contract law attorney is able to focus completely on your case, zealously advocate for your interests, and get you the best possible outcome.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice contract law.

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Damages Frequently Asked Questions

1. What are damages in a legal context?

Legal damages refers to the civil consequences awarded to a plaintiff or defendant after the trial concludes. Damages are most often financial but in cases involving physical property such as a house or parcel of land, that property may also be awarded as damages.

2. What types of damages can be awarded in a civil lawsuit?

In general, there are two types of damages: compensatory damages and punitive damages. Compensatory damages are awarded according to statute and are intended to make whole a plaintiff who has been wronged. Compensatory damages can cover lost wages, medical expenses, psychological injury, or even wrongful death. Punitive damages, on the other hand, exist to punish a defendant for egregious wrongs that have been committed. Punitive damages are still awarded to the plaintiff but are intended to deter the defendant’s future behavior.

3. How are damages calculated in different types of cases, such as personal injury or contract disputes?

In general, damages are assessed based on the type and severity of an injury. For example, when an individual sues for physical injury suffered, they can often recover medical expenses with a different amount of recovery depending on the amount of medical expenses incurred. Similarly, lost wages can be calculated based on the number of hours lost. For less tangible injuries, the amount of damages awarded can vary depending on jury opinions and statutory limits.

4. Are there any limitations or caps on the amount of damages that can be awarded?

There are a number of statutes that deal with the recommended amount of damages that may be awarded to a plaintiff for different harms suffered. These statutes may limit or cap the amount of damages that can be awarded to a plaintiff on a single charge. For this reason, plaintiffs may allege multiple harms in order to ensure that they are duly compensated.

5. Can punitive damages be awarded in certain circumstances?

If there is some egregious wrong or intentional harm that has been inflicted on a plaintiff, then the court may instruct the jury that they may award punitive damages in addition to compensatory damages. In the event that the court feels that punitive damages are appropriate, they will be offered.

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