What Is Damages?
The money awarded to a winning plaintiff in a civil lawsuit to compensate for harm suffered. There are several types: compensatory damages (to make the plaintiff whole), and in some cases punitive damages (to punish the defendant).
Quick Answer
The money awarded to a winning plaintiff in a civil lawsuit to compensate for harm suffered. There are several types: compensatory damages (to make the plaintiff whole), and in some cases punitive damages (to punish the defendant).
Full Explanation
Damages are the monetary remedy courts award to successful plaintiffs in civil lawsuits. Unlike criminal penalties (which are imposed by the state), damages are paid by the losing defendant to the injured plaintiff. The core principle is that the plaintiff should be returned, as nearly as possible, to the position they were in before the harm occurred.
Compensatory damages are the main category and break into two subcategories. 'Special damages' (also called 'economic damages') compensate for specific, quantifiable losses: medical bills, lost wages, property repair costs. These must be proven with specificity. 'General damages' (also called 'non-economic damages') compensate for harms that are real but harder to quantify: pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Some states cap non-economic damages in medical malpractice cases.
Nominal damages are a token amount (like $1) awarded when the plaintiff proves a legal wrong but cannot show actual harm. They are important in constitutional cases to establish that a right was violated even without measurable injury.
Restitutionary damages restore the plaintiff to their pre-harm position or make the defendant disgorge unjust gains. They are related to equitable remedies and unjust enrichment doctrine.
Punitive damages go beyond compensation and are covered separately — they are additional damages meant to punish the defendant and deter others.
Real-World Example
A car accident causes a plaintiff to miss six weeks of work (lost wages = $12,000), incur medical bills ($35,000), and suffer chronic back pain that affects her quality of life. The jury awards: $47,000 in special damages (economic losses) plus $150,000 in general damages for pain and suffering = $197,000 in compensatory damages.
In the McDonald's hot coffee case (Liebeck v. McDonald's), the jury awarded $160,000 in compensatory damages and $2.7 million in punitive damages. The punitive award (later reduced by the judge) was based on McDonald's having ignored hundreds of prior burn complaints.
Why It Matters for Law Students
Damages are the 'so what' of civil litigation — understanding what a client can recover is essential for evaluating any case. The measure of damages varies significantly by cause of action (tort vs. contract vs. constitutional), and special rules govern causation, mitigation, and the distinction between economic and non-economic harm.