Damages In Health And Social Care Essay
1. Damages are monetary payments awarded for a legally recognized wrong. Damage also refers to any injury, impairment, or other loss to person or property. Damages are a legal remedy.
2. The three main categories of damages are compensatory damages, nominal damages, and punitive damages.
3. Compensatory damages are monetary payments designed to restore an injured party to his or her position prior to suffering the injury or other loss. They seek to make the plaintiff whole.
4. Compensatory damages cover two types of losses: economic and non-economic. Economic losses can be objectively verified through specific dollar amounts that have been paid or are expected to be paid in the future to replace whatever has been lost because of the tort. …show more content…
General damages are compensatory damages that usually result from the kind of harm caused by the conduct of the defendant. Damages that usually and naturally flow from this wrong is pain and suffering. The law implies or presumes that such damages result from the wrong complained of. Special damages are economic or pecuniary losses, such as medical expenses and lost wages that must be alleged and proven. They are compensatory damages that are not presumed to exist. They would include medical expenses, loss of earnings, destroyed property, etc. The law does not presume that they exist. They must be specifically pleaded in the complaint.
7. Nominal damages are a small monetary payment awarded when the defendant has committed a tort that has resulted in little or no harm, so no compensatory damages are due. Its awarded to the plaintiff because there was no significant loss or injury suffered, although a technical invasion of rights did occur. They are awarded in intentional tort and strict liability tort cases when there has been a technical commission of the tort but no actual harm.
8. Punitive damages are non-compensatory damages that seek to punish the defendant and to deter similar conduct by others. Punitive damages are awarded when the defendant has acted maliciously, outrageously, recklessly, or in conscious disregard for the safety of
2. The three main categories of damages are compensatory damages, nominal damages, and punitive damages.
3. Compensatory damages are monetary payments designed to restore an injured party to his or her position prior to suffering the injury or other loss. They seek to make the plaintiff whole.
4. Compensatory damages cover two types of losses: economic and non-economic. Economic losses can be objectively verified through specific dollar amounts that have been paid or are expected to be paid in the future to replace whatever has been lost because of the tort. …show more content…
General damages are compensatory damages that usually result from the kind of harm caused by the conduct of the defendant. Damages that usually and naturally flow from this wrong is pain and suffering. The law implies or presumes that such damages result from the wrong complained of. Special damages are economic or pecuniary losses, such as medical expenses and lost wages that must be alleged and proven. They are compensatory damages that are not presumed to exist. They would include medical expenses, loss of earnings, destroyed property, etc. The law does not presume that they exist. They must be specifically pleaded in the complaint.
7. Nominal damages are a small monetary payment awarded when the defendant has committed a tort that has resulted in little or no harm, so no compensatory damages are due. Its awarded to the plaintiff because there was no significant loss or injury suffered, although a technical invasion of rights did occur. They are awarded in intentional tort and strict liability tort cases when there has been a technical commission of the tort but no actual harm.
8. Punitive damages are non-compensatory damages that seek to punish the defendant and to deter similar conduct by others. Punitive damages are awarded when the defendant has acted maliciously, outrageously, recklessly, or in conscious disregard for the safety of