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 kind of evidence will I need to prove a personal injury claim?
What can I do if the other party's insurance company refuses to pay?
What if I don't have enough money to pay for medical care?
What types of compensation are available for wrongful death?
How long will it take for my case to settle?
How can I prove my lost wages due to an injury?
How long will it take for me to receive payment from my settlement?
What if I am injured at work and my employer is not at fault?
How do I choose the right lawyer for my case?
What kind of damages can I recover in a personal injury case?

Related Blog Posts

Understanding the Basics of Personal Injury Law - July 31, 2023
Common Causes of Personal Injury Lawsuits - August 7, 2023
Who Can File Personal Injury Claims? - August 14, 2023
What Are the Elements of a Personal Injury Case? - August 21, 2023
What Damages Can I Recover in a Personal Injury Case? - August 28, 2023