Compensatory Damages

Compensatory damages are monetary awards intended to compensate an injured plaintiff for the actual losses they have suffered as a result of a defendant's wrongful conduct. The fundamental goal of compensatory damages is to make the plaintiff whole again — to restore them, as nearly as money can, to the position they would have been in had the injury never occurred. These damages cover both economic losses and non-economic harm.

Economic compensatory damages, also called special damages, include quantifiable financial losses such as medical expenses (both past and future), lost wages, lost earning capacity, rehabilitation costs, property damage, and out-of-pocket expenses related to the injury. These losses are typically documented through medical records, pay stubs, expert testimony, and bills. Because they are objectively measurable, they are generally easier to calculate than non-economic damages.

Non-economic compensatory damages, often called general damages, cover intangible losses that do not have a precise monetary value. These include pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium. Calculating non-economic damages is inherently subjective and typically involves jury deliberation guided by attorney arguments, expert testimony, and the plaintiff's own testimony about how the injury has affected their daily life and well-being.

Compensatory damages must be proven with reasonable certainty — the plaintiff cannot recover for speculative or hypothetical losses. Courts require evidence that the damages were actually caused by the defendant's wrongful act. In some jurisdictions, damage caps limit the total amount of compensatory damages a plaintiff can recover, particularly in medical malpractice cases. Consulting with an experienced personal injury attorney is essential to properly document and present all compensatory damage claims.