7.26 Damages: Compensatory are monetary awards that are given to an injured party as compensation for damages or losses caused by another party’s wrongful or negligent acts. Generally, compensatory damages are intended to restore the injured party to the same financial position they were in prior to the damage or injury. There are two main types of compensatory damages: general damages and special damages. General damages are non-economic losses, such as pain and suffering, loss of consortium, or loss of enjoyment of life. Special damages are economic losses, such as medical bills, lost wages, and property damages.
7.26 Damages: Compensatory
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US-JURY-7THCIR-7-26
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Word
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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FAQ
There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive.
These are (1) how reprehensible the defendant's conduct was, (2) the disparity between the harm experienced by the plaintiff and the punitive damages award, and (3) the difference between the punitive damages award and the civil penalties and remedies imposed in similar cases.
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.
It must be proven by clear and convincing evidence that a defendant acted with oppression, fraud, or malice. Clear and convincing evidence means that there must be a very high degree of probability that something is true.
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.
To support an award of punitive damages you must find that plaintiff has proved, by clear and convincing evidence, that the harm suffered by plaintiff was the result of defendant's conduct21 and that either (1) defendant's conduct was malicious or (2) defendant acted in wanton and willful disregard of
Punitive damages are given on top of compensatory damages when the misconduct was deemed grossly negligent, intentional, or malicious. These are designed to deter the defendant from repeating harm or misconduct in the future.
Compensatory damages are designed to compensate plaintiffs for the actual losses they've experienced. This type of award can be to reimburse them for medical treatments, medical bills, or any future expenses they may have due to an injury they sustained due to the negligence of another person or entity.