Damages

What are damages?

In law, damages are a form of compensation for injury or loss. When one person commits some wrongdoing against another person, the wrongdoer may have to pay damages to the wronged person.

Damages apply when a court has determined that a wrongdoing party owes something to the party they harmed. The court will order the wrongdoer to compensate the affected party for their loss—that compensation is known as damages.

Or, more specifically, they’re compensatory damages; we’ll get more into the different types of damages in the next section.

The main idea behind damages is that someone who’s suffered an injury or loss should be returned to the financial position they were in before the loss.

For example: if someone is injured in a car accident that wasn’t their fault, they shouldn’t suffer any monetary loss as a result. Their medical and rehabilitation costs, their lost wages, the damage to their car… the person who caused the accident (or their liability insurance) should have to pay for these.

Once the law has determined that person’s fault in the accident, they’ll be ordered to pay damages to the victim.

Many lawsuits result in one party paying damages to another—it’s not just vehicle accidents.

In this example, Soumya receives two forms of damages:

• pecuniary damages, for the financial losses she experienced (loss of income, rehabilitation bills, etc.)
• non-pecuniary damages, for the losses she experienced that aren’t monetary (pain and suffering, emotional trauma, etc.)

Even though non-pecuniary damages aren’t repaying a financial loss, they’re still compensatory. They are still compensating the wronged party for their experiences.

That’s how compensatory damages work. Let’s look at a few other types before we talk about damages and insurance.

Types of damages

We’ve covered compensatory damages, which are the most common type that average people are likely to run into. However, a court may assess other types of damages depending on the situation:

• Punitive damages. Also known as exemplary damages. These are damages awarded not to compensate a victim, but to punish a wrongdoer. Punitive damages are usually only awarded in cases where a wrongdoer acted intentionally in harming the victim, or was exceptionally negligent.
• Aggravated damages are like compensatory damages, in that they are intended to compensate a victim, not punish a wrongdoer. However, aggravated damages are most common in contract law cases. They may apply if the wronged party suffered losses beyond just a breach of contract—particularly if the wrongdoing party was acting in bad faith or being malicious.
• Nominal damages. These are awarded in cases where there was a wrongdoing but it wasn’t particularly severe, or there is insufficient evidence to assess compensatory damages. Nominal damages are meant to acknowledge that one party did commit some wrong, but the victim may not have experienced any demonstrable loss or injury.
• Liquidated damages can be part of a contract between two parties. If one party breaches the contract in some way, they may have to pay liquidated damages to the other party. Liquidated damages are agreed upon in advance and are part of the existing contract.

There are, of course, many forms of damages depending on the situation. Though, most people won’t have to be on the giving or receiving end of damages too often in their life.

Now, if you do find yourself ordered to pay damages, where does insurance come into the picture?