Damages

Pronunciation: DAM-ij-ez

Torts › Damages

Definition

The fourth and final element of negligence, requiring proof that the plaintiff suffered actual harm or loss. Damages may include economic losses (medical expenses, lost wages) and non-economic losses (pain and suffering). In most jurisdictions, nominal damages are insufficient - plaintiff must prove actual injury.

Related terms

• Punitive Damages — Exemplary damages awarded beyond compensation to punish the defendant for malicious, oppressive, fraudulent, or reckless conduct and to…
• Economic Loss Rule — Doctrine barring recovery of pure economic losses in negligence actions when there is no accompanying physical injury to…
• Pain and Suffering — Non-economic compensatory damages awarded for the physical pain and mental anguish resulting from an injury. This includes both…

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