6. Damages
Damages mean the monetary compensation awarded by the court for that harm or loss after liability has been established. In negligence, the plaintiff must prove actual damage, since negligence is not actionable without proof of loss.
Damages in negligence are primarily compensatory. Their purpose is to place the plaintiff, so far as money can do so, in the position he or she would have been in had the tort not occurred. The law is therefore concerned not with punishing the defendant, but with compensating the plaintiff.
For example, if a driver carelessly runs a red light and crashes into another car, injuring the other driver, the injured driver may recover damages for the cost of repairing or replacing the car, medical expenses, lost earnings, and compensation for pain and suffering. The court attempts, as far as money can, to restore the plaintiff to the position he or she would have been in if the accident had not happened.
Damages are commonly divided into special and general damages. Special damages cover losses that can be specifically calculated up to the date of trial, such as medical expenses, transport costs, repair bills and pre-trial loss of earnings.
General damages cover future and non-quantifiable loss. In personal injury cases, this includes pain, suffering and loss of amenities, future loss of earnings, future medical treatment, future nursing care and loss of earning capacity.
Where the plaintiff suffers property damage, the usual measure is the reasonable cost of repair or, if repair is uneconomic, the diminution in value. Consequential losses, such as loss of use, may also be claimed if proved and not too remote.
In fatal accident claims, dependants may recover under statutory provisions for loss of dependency, damages for bereavement and funeral expenses, while the estate may claim for losses suffered by the deceased before death.
However, recovery of damages is subject to important limitations. The plaintiff may recover only for loss that was caused by the defendant’s breach and is not too remote. In addition, the plaintiff must take reasonable steps to mitigate loss, and damages may be reduced where the plaintiff’s own fault contributed to the harm under the doctrine of contributory negligence.
