7.70 Damages: Actual, also referred to as compensatory damages, is a type of legal remedy awarded in civil law that aims to compensate a plaintiff for any losses suffered. It is designed to restore the plaintiff to the position they would have been in had the wrongful act not been committed. The awarded amount is intended to cover the plaintiff’s losses in terms of money, services or property. There are two main types of 7.70 Damages: Actual; special damages and general damages. Special damages are awarded to compensate for financial losses, such as medical expenses, the cost of repairing property or lost wages, while general damages are awarded for non-financial losses, such as pain and suffering, loss of consortium, emotional distress, and loss of reputation.
7.70 DAMAGES: ACTUAL
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FAQ
In tort law, actual damages, also known as compensatory damages, are damages awarded by a court equivalent to the loss a party suffered. If a party's right was technically violated but they suffered no harm or losses, a court may instead grant nominal damages.
RCW 7.70. 030(3) provides in relevant part: ?No award shall be made in any action ? for damages for injury occurring as the result of health care, unless the plaintiff establishes ? that injury resulted from health care to which the patient or his representative did not consent.?
Actual damages are intended to provide the monetary amount necessary to replace what was lost and nothing more. Usually, compensatory damages are awarded in civil court cases in order to compensate for damages, injury, or another incurred loss.
There is no specific formula to calculate damages as they are usually determined based on the actual expenses of the victim and compensation for their pain and anguish. Compensation should make the injured person ?whole? again.
In most cases, plaintiffs recover compensatory damages for three things, pain and suffering, medical expenses, and loss of earnings. Compensatory damages for pain and suffering usually make up a substantial part of any personal injury jury verdict.
A compensatory damages example is if a negligent driver hit your 2008 Honda and totaled it; the compensatory damages should equal the market value of your 2008 Honda at the time of its demise, less any scrap or salvage value, and you could be entitled to the fair market value of the vehicle.
Actual damages are meant to directly compensate you for the losses you have experienced due to a defendant's conduct. This includes tangible losses, such as medical bills and lost wages, and intangible losses such as emotional distress.
Compensatory damages are intended to compensate the plaintiff of a lawsuit with enough money to cover the actual amount of the injury or loss. There are two basic types of compensatory damages, actual and general.