Civil Law Remedies

When a civil action is successful, the court will attempt to remedy the situation by trying to put the injured person in as good of a position as they would have been if they had not been injured. This is generally done by ordering the offending party to pay money, called damages, to the injured party. It is important to note that in this sense injury is not limited to physical injuries. The court can award damages for things like lost wages, emotional distress and loss of reputation or dignity.

When a court is considering awarding damages, there are several types of damages they will consider depending on the circumstances. People can be awarded damages under one or more headings. Below is a brief and simplified overview. In all cases, the injury and damages suffered must be caused by the defendant's actions.

When an injury does not involve an actual monetary loss, it is not always possible to come up with an exact dollar figure that would compensate a plaintiff for their loss. For example, it is difficult to put a dollar amount on emotional suffering compared to something like a broken window. In these cases, the court can award what are known as general damages.

The court must determine how much compensation the plaintiff should receive. The court will consider how the injury has impacted the plaintiff's life. They will compare the plaintiff's situation to previously decided cases where general damages were awarded.

When a person’s losses can be quantified, the court can award those damages to compensate for the loss. These damages are known as actual or compensatory damages. Typical examples of the types of losses that are covered include things like lost income or medical bills.

Unlike general damages where the court must estimate an award that will compensate for the injury, the court can only award actual damages in the amount of the loss.

Punitive damages are designed to punish the defendant for their conduct. They can also serve to deter them from behaving the same way in the future.

Punitive damages are only awarded in exceptional cases when the defendant's actions are malicious, outrageous or extreme. Unlike other damages, punitive damages are not intended to compensate the plaintiff but rather punish the defendant.

Aggravated damages are often tied to the same conduct addressed under punitive damages. However, these damages are intended to compensate a plaintiff for additional, intangible harm caused by the defendant's outrageous conduct. They act as a way to increase damages that have been awarded.

Aggravated damages are typically awarded for things like psychological injuries, loss of dignity, humiliation, or injury to feelings.

Nominal damages are a small token amount that a court can award. They may be awarded where a plaintiff has not suffered a meaningful loss or proven the extent of their loss. These damages are awarded despite this to symbolically recognize the wrong. It is not a compensatory award.