Damages

Damages are awarded as compensation to a party for any loss or harm sustained due to the misconduct of another. The primary purpose of awarding ``compensatory damages'' is to place the injured party in the same position that party would have occupied had the wrong not occurred. Depending on the type of case involved, compensation to make an injured party ``whole'' will fall under several categories, including:

• pecuniary loss such as out-of-pocket expenses;
• economic loss such as lost income; and
• physical and mental suffering.

In addition to compensatory damages, two other broad categories of damages are: ``nominal damages,'' which may be awarded where a wrong has been committed but no actual loss or injury has been sustained or proved; and ``punitive damages,'' which are recoverable only when it can be shown that the defendant acted maliciously, wantonly, or recklessly.