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Glossary
Damages and Valuation
Damages Framework terms within damages and valuation.
damages-and-valuation
A bifurcated punitive phase tries the punitive damages amount separately after liability and compensatory damages are determined.
Compensatory damages are money awarded to restore an injured party to the position they would have occupied but for the defendant's conduct.
Damages are the monetary compensation a court awards to remedy a legal injury, and they are the primary remedy in most civil litigation.
A damages cap is a statutory limit on recoverable damages, most commonly applied to non-economic or punitive awards rather than economic losses.
Economic damages are quantifiable financial losses such as medical expenses, lost income, and out-of-pocket costs caused by an injury.
Nominal damages are a token award recognizing a legal wrong where no actual loss was proven.
Non-economic damages compensate for subjective losses such as pain, suffering, emotional distress, and diminished enjoyment of life.
Punitive damages are awarded to punish egregious misconduct and deter its repetition, over and above compensation for the plaintiff's loss.
A punitive damages cap is a statutory limit on punitive awards, expressed as a fixed amount, a multiple of compensatory damages, or both.
Ratio analysis examines the relationship between punitive and compensatory damages in assessing constitutional excessiveness.
Statutory damages are amounts fixed by statute, available without proof of actual loss.
Treble damages multiply the actual award by three, provided by statute for specified violations.
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