What are the different forms of damages in civil law?
Damages in civil law are forms of compensation that are sought by the plaintiff (the party making the claim or filing for a legal remedy) in a lawsuit. Damages are awarded in order to make the plaintiff whole again due to an injury or loss caused by the defendant’s wrongful actions. In Massachusetts, there are three main categories of damages that are awarded in civil cases: compensatory damages, punitive damages, and nominal damages. Compensatory damages are designed to compensate the plaintiff for actual losses sustained in a civil lawsuit. Compensatory damages are based on a calculation of the losses suffered, including past and future financial losses, emotional distress and physical injury. Punitive damages are designed to punish the defendant for their wrongful actions and to deter that defendant and/or others from engaging in similar wrongful actions in the future. Punitive damages are awarded in cases where the defendant exhibited malicious, wanton, or reckless conduct. Nominal damages are much smaller than compensatory and punitive damages and are usually awarded in cases where there is a legal wrong, but no actual damages were incurred. Nominal damages are awarded to recognize the plaintiff’s right to have a legal remedy for the wrong committed against them. These are the three primary forms of damages awarded in civil law in Massachusetts. While compensatory and punitive damages can be awarded in large sums, nominal damages are more token in nature and often are awarded in small amounts. It is ultimately up to the court to decide which damages, if any, are appropriate in a civil case.
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