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“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