Initial Assessment of Damages – Essential Terminology:

Common-Law Damages – a court ordered monetary award intended to return an injured party, as nearly as possible. to their position that party occupied before suffering harm.

Accumulative Damages – statutory damages allowed in addition to amounts available under the common law.  aka Enhanced Damages.

General Damages – damages so reasonably expected to result from the type of wrong complained of that they do not need to be proved; specifically compensatory damages for harm that frequently result from the tort for which a party has sued.  aka Direct DamagesNecessary Damages.

Additional Damages – usually provided by statute in addition to direct damages, including expenses resulting from the injury, consequential damages, or punitive damages.

Compensatory Damages – (1817) l. Damages sufficient in amount to indemnify the injured person for the loss suffered. – Often shortened to compensatories. 2. See actual damages.


All material utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6


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