What Are the 3 Types of Damages?

By Ben Gobel on September 17, 2024

When you’ve been wronged or injured, the legal system provides a way to seek compensation through various damages. Damages are monetary awards granted to a plaintiff to compensate for losses or injuries caused by another party’s actions. 

Understanding the different types of legal damages can help you know what to expect and what you might be entitled to if you decide to pursue personal injury claims. At Ogg, Murphy & Perkosky, we’re here to provide injury lawyer help and ensure you receive the compensation you deserve.

Compensatory Damages 

Compensatory damages in personal injury cases are designed to make the injured party “whole” again by covering the actual losses incurred. These damages are divided into two main categories: economic and non-economic damages.

Economic Damages

Economic damages are quantifiable and cover the financial losses directly resulting from the injury or wrongdoing. Compensatory damages examples include:

• Medical Bills: This covers the cost of medical treatment, including hospital stays, surgeries, medications, physical therapy, and any future medical expenses related to the injury.
• Lost Wages: If your injury has caused you to miss work, you can claim compensation for the income you’ve lost. This also includes future lost wages if you’re unable to return to work or can only work in a reduced capacity.
• Property Damage: If any personal property was damaged as a result of the incident, such as your car, you can claim the cost of repairs or replacement.
• Additional Costs: Economic damages for personal injury victims can also include costs associated with hiring help for household chores, transportation expenses for medical appointments, and any other out-of-pocket expenses directly related to the injury.

Non-Economic Damages

Non-economic damages are more subjective and cover intangible losses that don’t have a specific monetary value. These include:

• Pain and Suffering: This compensates for the physical pain and discomfort you’ve endured as a result of the injury.
• Emotional Distress: This covers the psychological impact of the injury, such as anxiety, depression, and trauma.
• Loss of Companionship: If the injury has affected your relationship with your spouse or family, you can claim compensation for the loss of companionship and support.
• Loss of Enjoyment of Life: This compensates for the reduction in your quality of life and inability to enjoy activities you once loved.
• Reputation Damage: In cases where the injury or incident has harmed your reputation, you may be entitled to compensation for the negative impact on your personal and professional life.

Punitive Damages

Punitive damages in personal injury claims are not meant to compensate the plaintiff. Rather, punitive damages aim to punish the defendant for particularly egregious or malicious behavior—and to deter others from engaging in similar conduct.

Purpose of Punitive Damages

The primary purpose of punitive damages is to serve as a deterrent. They are awarded in cases where the defendant’s actions were especially harmful, reckless, or intentional. By imposing additional financial penalties, the court aims to discourage such behavior in the future.

• Product Liability: If a company knowingly sells a dangerous product without warning consumers, a court may award punitive damages. 
• Fraud: In cases where the defendant has intentionally deceived the plaintiff for financial gain, punitive damages can be imposed.
• Gross Negligence: If a defendant’s extreme carelessness results in severe injury or death, punitive damages may be appropriate.
• Intentional Torts: Punitive damages are often awarded in cases involving intentional torts, such as assault or defamation, where the defendant’s conduct was particularly malicious.
• Corporate Misconduct: Large corporations may face punitive damages for unethical practices, such as environmental violations or exploitation of workers, to ensure they adhere to legal and ethical standards.

Nominal Damages

Nominal damages are small monetary awards granted when the plaintiff has proven their case but has not demonstrated significant losses or injuries that require substantial compensation.

Nominal damages are often awarded in cases where a legal right has been violated, but the plaintiff did not suffer any actual harm or financial loss. These damages serve to acknowledge that the plaintiff’s rights were infringed upon, even if there was no substantial impact. Examples include:

• Breach of Contract: If a contract was breached but no significant financial loss occurred, nominal damages may be awarded.
• Civil Rights Violations: In cases where a person’s civil rights were violated but did not result in significant harm, nominal damages can be granted.
• Trespassing: If someone unlawfully enters another’s property without causing any damage, nominal damages may be awarded to recognize the violation of property rights.
• Defamation: In situations where defamatory statements were made but did not cause measurable harm to the plaintiff’s reputation, nominal damages can be issued to acknowledge the wrongdoing.
• Intellectual Property Infringement: When intellectual property rights are violated without causing substantial financial loss, nominal damages may be awarded to affirm the plaintiff’s rights.

If You Believe You Have a Personal Injury Claim, Reach Out to Our Legal Team Today 

Understanding the different types of damages can help you navigate the legal process and ensure you receive the compensation you deserve. Whether you’re dealing with compensatory, punitive, or nominal damages, having a knowledgeable legal team by your side can make all the difference. 

At Ogg, Murphy & Perkosky, we’re dedicated to helping you secure the justice and compensation you’re entitled to. Don’t navigate this challenging time alone—reach out to us today at 412-471-8500 for a free consultation with a personal injury lawyer and learn how we can assist you.

An experienced personal injury attorney from our team will evaluate your case, gather necessary evidence, and advocate on your behalf to maximize monetary compensation. We understand the complexities of personal injury damages, and we are committed to providing personalized, compassionate legal representation. Let us help you through this difficult period and work toward a favorable outcome for your personal injury case.