A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
New York Instruction to Jury Regarding Compensatory Damages for Conversion
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FAQ
The primary difference between compensatory and punitive damages is their intended effects on the two opposing sides of a personal injury claim. Compensatory damages are intended to help the injured victim, while punitive damages are meant to penalize the at-fault party.
What are compensatory damages? Compensatory damages compensate a plaintiff for harm, injury, or other losses caused by the tortious conduct of another party. Also called ?actual damages,? compensatory damages are the primary relief awarded in a successful tort action.
Background on Punitive Damages and Title VII The U.S. Constitution limits punitive damages awards in all state and federal courts: punitive damages are permissible only to the extent they are proportionate, reasonably related to the harm the plaintiff suffered, and in response to reprehensible conduct.
The answer is: nearly anything. If the person who brought the lawsuit (known as the "plaintiff") was physically injured, compensatory damages could include his medical bills, the pay he missed from taking too many sick days, and pay he will lose in the future from a reduced capacity to work.
The burden of proof in regards to punitive damages is ?clear and convincing evidence.? This is a heightened standard of proof than the normal standard of ?preponderance of evidence.? Therefore, it takes more to be awarded punitive damages.
In considering the amount of any punitive damages, consider the degree of reprehensibility of the defendant's conduct [, including whether the conduct that harmed the plaintiff was particularly reprehensible because it also caused actual harm or posed a substantial risk of harm to people who are not parties to this ...
Examples of General Compensatory Damages Mental anguish. Disfigurement. Future medical expenses. Future lost wages. Long-term physical pain and suffering. Loss of consortium. Inconvenience. Loss of enjoyment of life.
The three main elements of a compensatory damage award: Lost wages, medical bills and pain and suffering.