Damages are money awarded to compensate for a legal wrong. The principal categories are compensatory damages, which restore the injured party, and punitive damages, which punish and deter egregious conduct.

Compensatory damages divide into economic losses, which are quantifiable, and non-economic losses, which are not.

Alternative Names:

Monetary Damages, Money Damages

Why it Matters?

Damages analysis drives every other decision in a case: reserve setting, settlement authority, expert retention, and whether trying the case is rational. Defense teams that focus on liability while treating damages as a late-stage issue routinely misjudge exposure, because in serious injury litigation the damages number determines the outcome far more often than the liability percentage does.

Frequently Confused with

Frequently asked questions

What are the main categories of damages?

What are the main categories of damages?

Compensatory damages, divided into economic and non-economic losses, and punitive damages. Nominal damages are awarded where a right was violated without substantial loss.

Why does state law matter so much for damages?

Why does state law matter so much for damages?

Because caps, collateral source rules, and available categories differ substantially, so identical injuries can produce very different recoveries depending on venue.