Damages are a monetary award that may be granted to a successful plaintiff in a civil lawsuit. Damages are intended to compensate the plaintiff for the losses they have suffered as a result of the defendant’s wrongful conduct.
There are two main types of damages that can be awarded in a civil lawsuit in Canada:
Pecuniary damages: Pecuniary damages are intended to compensate the plaintiff for their financial losses. This may include losses such as medical expenses, lost wages, and property damage.
Non-pecuniary damages: Non-pecuniary damages are intended to compensate the plaintiff for their non-financial losses. This may include losses such as pain and suffering, loss of enjoyment of life, and emotional distress.
In addition to these two main types of damages, there are also a number of other types of damages that may be awarded in a civil lawsuit in Canada, such as:
Punitive damages: Punitive damages are intended to punish the defendant for their wrongful conduct and to deter others from engaging in similar conduct. Punitive damages are only awarded in rare cases where the defendant’s conduct is particularly egregious.
Aggravated damages: Aggravated damages are intended to compensate the plaintiff for the additional losses they have suffered as a result of the defendant’s wrongful conduct. Aggravated damages are often awarded in cases where the defendant’s conduct was malicious or intentional.
Nominal damages: Nominal damages are a small monetary award that is granted to a successful plaintiff in a case where the plaintiff has suffered a legal wrong but has not suffered any actual damages. Nominal damages are typically awarded in cases where the plaintiff is seeking to vindicate their legal rights.
The amount of damages that may be awarded in a civil lawsuit will vary depending on the facts of the case. The court will consider the severity of the plaintiff’s losses and the defendant’s culpability when determining the amount of damages to award.
Here are some tips for preparing for a damages assessment:
- Gather all of the documentation that supports your claim for damages. This may include medical bills, lost wage statements, and property repair estimates.
- Be prepared to testify about your losses and how they have impacted your life.
- Be honest and open with your lawyer about your losses.
If you are considering filing a civil lawsuit in Canada, it is important to consult with a lawyer to discuss the types of damages that you may be entitled to recover. A lawyer can help you assess your losses and can represent you in court to ensure that you are awarded the full amount of damages that you are entitled to.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.