What is the difference between actual and nominal damages?

Actual damages and nominal damages are two types of damages that may be awarded in a personal injury lawsuit. Actual damages are composed of compensation for an injury or loss suffered because of the other party’s negligence. These damages are meant to make the injured person “whole” again, and may include the cost of medical bills, lost wages, and pain and suffering. Nominal damages, on the other hand, are very small amounts of compensation that are awarded to the injured party to recognize that the law was broken but that no real harm was done. The purpose of this type of damages is to serve as a token of recognition that the negligence occurred, not as a form of compensation. In Virginia, actual damages are awarded based on the facts of a case and the extent of the injury or loss. The jury or judge will consider the evidence presented at trial and decide the amount that should be awarded. In contrast, nominal damages are typically limited to a small fixed amount, for example in Virginia nominal damages are often limited to $1.

Related FAQs

What is the difference between a soft tissue injury and a severe injury?
What remedy can I seek if I am injured by a defective product?
How can I prove my pain and suffering in a personal injury case?
What kind of damages can I recover in a personal injury case?
Do I need to go to court for a personal injury case?
What should I do if my settlement doesn't cover my medical expenses?
What is the best way to get the most money from my personal injury case?
How long will it take for me to receive payment from my settlement?
How can a personal injury lawyer help me?
What if I'm injured in a hit-and-run accident?

What is the difference between actual and nominal damages?

Related FAQs

Related Blog Posts