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There are two basic types of damages a plaintiff can seek (meaning they can “sue for”)...

There are two basic types of damages a plaintiff can seek (meaning they can “sue for”) in a tort lawsuit. What are they? Also, if the court awarded Peter damages (also known as “money”) of $500,000 for the work wages he didn’t get to earn because he was injured, what type of damage would we call the $500,000?

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Answer #1

The two basic types of damages for tort lawsuits are:

  • Compensatory damages - These are awarded to compensate the actual losses faced by the plaintiff. The idea is to put the plaintiff in a position that she would have been if the tort had occurred.
  • Punitive damages - These are awarded (often occasionally by the court) to penalize the wrongdoings of the defendant in order to deter others from repeating the same wrongdoings.

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Note that in this case, the employer is not getting penalized. Peter is only getting $500,000 which he would have earned if he was not injured (i.e. the tort would not have occurred to him). This is compensatory damage because this is not intended to penalize the employer but only to compensate for the loss of Peter.

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