“Show me the Money!!” The Judgment: Damages & Other Compensations

Overview … The main purpose for tort law & civil actions is to allow plaintiffs to receive money (or damages) as compensation for the injury or loss they have suffered. The hope is that plaintiffs will return to the same circumstances as they were in before the event occurred (as much as possible). There are 4 categories of financial compensation …

General Damages Pecuniary losses – the loss of future earnings, the cost of future care, etc. (no limit) Non-pecuniary losses – loss of enjoyment of life, pain & suffering, the shortening of the victim’s life, etc. (a limit of $250, 000)

Special Damages Out-of-pocket expenses for which the plaintiff can produce a receipt (i.e.: ambulance services, car repairs, etc.). Also include lost wages between the accident and the trial (because they can be calculated).

Punitive Damages Also called “exemplary” damages. Awarded when accident is the result of violent actions, or if the judge wants to penalize the defendant. The intention is to deter further offences (both the defendant and the public). Rarely used if defendant has already been sentenced in criminal court.

Nominal Damages Awarded when a judge wants to show support for a plaintiff. Although there may have been little or no harm or loss, this indicates a moral victory. Usually very small ($1)

Other Judgments ….

Injunctions For plaintiffs not interested in monetary compensation. Personal restrictions, environmental concerns, the use of copyrighted material, striking workers Failure to comply could be considered contempt of court, and result in a fine or jail sentence.

Costs If a plaintiff wins a case, the judge must determine whether or not court costs can be claimed. Usually, the losing party is required to pay the legal fees and other expenses of the other party The successful party prepares a bill, but the judge decides the amount

Other Types of Compensations Workers’ Compensation Motor Vehicle Liability Insurance Other Liability Insurance

Different Types of Dispute Resolution … Mediation Negotiation Arbitration