What are “Damages” in Personal Injury Law?

Personal injury law is grounded in two main principles: liability and damages. But what are damages? I found the following on the Cornell Law School website:

  • Damages, in a legal sense, is the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages : compensatory and punitive. (The term “damages” typically includes both categories, but the term, “actual damages” is synonymous with compensatory damages, and excludes punitive damages.)
  • Compensatory damages, like the name suggests, are intended to compensate the injured party for his loss or injury. Punitive damages are awarded to punish a wrongdoer. There are other modifying terms placed in front of the word damages like “liquidated damages,” (contractually established damages) and “nominal damages” (where the court awards a nominal amount such as one dollar). For certain types of injuries statutes provide that successful parties should receive some multiple of their “actual damages” — e.g., treble damages.

There are also “special” or “economic damages,” and “general” or “non-economic damages.” Special damages are basically your medical expenses and lost wages that you incurred as a result of your accident. General damages generally refer to pain and suffering.

Please contact me with any Massachusetts personal injury law questions you may have.

At Earley Law Group, we understand how overwhelming things can be after suffering an unexpected injury. You’re facing high medical bills that don’t stop pouring in. You’re feeling financial strain because your injury has forced you to miss work. Worst of all, your day-to-day pain and suffering weigh heavily on your mind every single minute. All because of someone else’s negligence.