02/04/2024
The Damages Series - Installment # 1
What Are Damages?
Damages are the measure of compensation that may be recovered in the courts by any person who has suffered a loss or injury through the unlawful act or omission or negligence of another. In simpler words, it’s the amount of money a person is entitled to if they are successful in a lawsuit against another.
Damages are the main reason why lawsuits are initiated in the first place. A person thinks they are entitled to money from someone else, so the person sues the other person.
While it may seem like a simple concept, the determination of the damages that a person is entitled to is a critical and sometimes difficult task of a lawyer. The task of determining damages differs dramatically based on the type of case.
For a personal injury case, such as a car accident, a lawyer will look at medical treatment expenses, potential future medical treatment expenses, lost wages, impact of the injury on ability to live a full life, and the always mysterious pain and suffering. The lawyer’s damages determination will be a guiding star for each and every decision the lawyer will make in the case, such as whether to accept a settlement or to push forward towards trial.
For other cases, the damages determination is more exact. In a breach of contract case, a court will often award damages based on the contract itself. Breach of contract cases can however become much more complicated when a party alleges that it suffered additional damages beyond the contract itself as a consequence of the breach.
Damages are so important that we feel it merits several posts to explain in more depth. After all, damages are considered as a part of every decision a trial lawyer makes. Please tune in for further posts.