Damages facts for kids
In law, damages are money that a person or company has to pay to someone else. This money is given to make up for a loss or injury they caused. Think of it as a way to compensate or pay back someone who was harmed. The rules for damages can be different depending on the type of problem (like breaking a promise or causing an accident) and where the case happens. Damages are not the same as court costs, which are the fees for taking a legal case to court. Sometimes, the person who loses a case also has to pay these court costs.
Types of Damages
In many countries, damages are usually put into different groups. The main types are compensatory damages and punitive damages. There are also statutory damages, which are set by law.
Compensatory Damages
Compensatory damages are paid to make up for a loss, injury, or harm someone suffered. This happens when another person or group was careless or did something wrong. For example, if someone breaks a promise in a contract, the other person might get compensatory damages. These damages are meant to cover the actual losses.
Compensatory damages can be split into two types:
- Special damages: These cover specific money losses. Examples include lost earnings (money you couldn't make), property damage (like fixing a broken window), and medical expenses (doctor bills).
- General damages: These cover non-money losses. They are for things like pain and suffering or feeling very upset because of what happened.
Punitive Damages
Punitive damages are different from compensatory damages. They are not meant to pay back the person who was harmed. Instead, they are given to punish the person who caused the harm. They also serve as an example to others, so they don't do the same thing.
Punitive damages are only given in very serious cases. This is when the person who caused the harm acted with malice (meaning they meant to cause harm) or with extreme carelessness. Judges are very careful when deciding to award punitive damages.
Statutory Damages
Statutory damages are amounts of money that are set by a specific statute (a written law). This means the amount is already decided in the law itself. It is not calculated based on how much harm was actually done.
Lawmakers create statutory damages for situations where it's hard to figure out the exact value of the harm. For example, a law might say that if someone breaks a certain rule, they automatically owe a specific amount of money. This can happen even if the victim didn't suffer a clear injury.
An example in the United States is a law that provides fixed damages for victims of certain wiretapping crimes.
See also
In Spanish: Indemnización de perjuicios para niños
