Compensatory damages - sustany/dvg GitHub Wiki

In�tort law, compensatory damages, also known as actual damages, are damages awarded by a court equivalent to the loss a party suffered. If a party�s right was technically violated but they suffered no harm or losses, a court may instead grant nominal damages.

The�Supreme Court�held in�Birdsall v. Coolidge, 93 U.S. 64 (1876)�that the phrases "compensatory damages" and "actual damages" are identical.

The amount awarded is based on the proven harm, loss, or injury suffered by the�plaintiff. This award does not include�punitive damages, which may be awarded when the defendant's actions are especially�reckless�or malicious. Receiving compensatory damages does not prevent a party from also receiving punitive damages.

When calculating compensatory damages, courts will often look at the fair market value of destroyed/damaged property, lost wages/income, and necessarily incurred expenses. Courts may also include damages for�emotional distress; however, due to the difficulty of placing an economic value on these intangible factors, the application is inconsistent.�