What is the difference between actual and nominal damages?

Actual damages and nominal damages are both types of compensatory damages, which are awarded to a plaintiff in a personal injury lawsuit in order to make them “whole” after an accident has caused them harm. However, the two types of damages have very important differences. Actual damages are meant to make up for physical and emotional losses suffered by a plaintiff. This can include direct costs such as medical bills, lost wages, and property damage, as well as non-economic losses such as pain and suffering, mental anguish, and loss of enjoyment of life. These types of damages are intended to cover the plaintiff’s real and measurable losses. Nominal damages are small amounts of money that are awarded when a plaintiff has suffered no real or measurable losses, but a defendant has still violated their rights. For example, if a defendant wrongfully detains someone but they don’t suffer any physical injury or economic losses, a court may award a nominal sum of money as a token of compensation for the violation of their rights. When a plaintiff is awarded damages in a personal injury lawsuit in California, they may be granted both actual and nominal damages, depending on the facts of the case.

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What is the difference between actual and nominal damages?

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