“Show me the Money!!” The Judgment: Damages & Other Compensations

“Show me the Money!!”

The Judgment:

Damages & Other Compensations

Overview …

• The main purpose for tort law & civil actions is to allow plaintiffs to receive money (or damages) as compensation for the injury or loss they have suffered.

• The hope is that plaintiffs will return to the same circumstances as they were in before the event occurred (as much as possible).

• There are 4 categories of financial compensation …

General Damages

• Pecuniary losses – the loss of future earnings, the cost of future care, etc. (no limit)

Non-pecuniary losses – loss of enjoyment of life, pain & suffering, the shortening of the victim’s life, etc. (a limit of $250, 000)

Special Damages

• Out-of-pocket expenses for which the plaintiff can produce a receipt (i.e.: ambulance services, car repairs, etc.).

• Also include lost wages between the accident and the trial (because they can be calculated).

Punitive Damages

• Also called “exemplary” damages.

• Awarded when accident is the result of violent actions, or if the judge wants to penalize the defendant.

• The intention is to deter further offences (both the defendant and the public).

• Rarely used if defendant has already been sentenced in criminal court.

Nominal Damages

• Awarded when a judge wants to show support for a plaintiff.

• Although there may have been little or no harm or loss, this indicates a moral victory.

• Usually very small ($1)

Other Judgments ….

Injunctions

• For plaintiffs not interested in monetary compensation.

• Personal restrictions, environmental concerns, the use of copyrighted material, striking workers

• Failure to comply could be considered contempt of court, and result in a fine or jail sentence.

Costs

• If a plaintiff wins a case, the judge must determine whether or not court costs can be claimed.

• Usually, the losing party is required to pay the legal fees and other expenses of the other party

• The successful party prepares a bill, but the judge decides the amount

Other Types of Compensations

• Workers’ Compensation

• Motor Vehicle Liability Insurance

• Other Liability Insurance

Different Types of Dispute Resolution …

• Mediation

• Negotiation

• Arbitration