Civil Damages: Definition, Types, and Examples

What Are Civil Damages?

Civil damages are monetary awards granted when a person suffers a loss due to the wrongful or negligent actions of another party.

Key Takeaways

• Civil damages are owed to a winning plaintiff by the losing defendant in a civil case.
• Civil damages can be compensatory, general, punitive, or any combination of these.
• Estimating liability in civil cases depends greatly on the type of damages.

Understanding Civil Damages

Civil damages are monetary awards owed to a winning plaintiff by the losing defendant in a civil case. They are granted when a person is injured or suffers a loss due to the wrongful or negligent actions of another party.

The intent of awarding civil damages is to restore plaintiffs to their pre-injury conditions. However, full restoration may not be possible in cases involving damages to personal property, physical injury, or the loss of support and opportunities.

Types of Civil Damages

Civil damages can be compensatory, general, punitive, or a combination of these.

Compensatory damages include compensation for expenses like medical bills, legal costs, loss of income, and costs associated with repairing or replacing damaged property. General damages include payment for non-financial damages such as pain and suffering. Punitive damages include payment for losses caused by the gross negligence of a defendant.

Estimating Liability in Civil Cases

Estimating liability in civil cases depends greatly on the type of damages. Calculating compensatory damages is straightforward as they are equal to the plaintiff’s costs, including legal fees. General damages require considering case law and precedents, while punitive damages are more challenging to estimate due to varying state laws and the need for proof.

Instances Where Civil Damages May Be Sought

Employment

If an individual is unjustly prevented from a higher-paying job opportunity due to false statements made by another party, they may seek civil damages for the lost salary.

Home Repair

Civil damages can be sought for the loss of access to a property, such as a home or vehicle, when negligence by a contractor leads to damage. The homeowner can sue for civil damages to cover repair costs and expenses incurred for alternative accommodations.

Car Collision

In cases of car crashes, plaintiffs can seek civil damages to restore the damaged vehicle and cover costs associated with transportation alternatives such as rental cars or mass transit. Additional damages may be sought if the loss of the vehicle negatively impacted the plaintiff’s ability to work and earn income.