“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