Nominal damages are a symbolic monetary amount awarded in court cases where a legal wrong has occurred, but no actual financial harm can be demonstrated. They represent the principle of justice over financial compensation.
There are various qualities of nominal damages, including their legal basis under Georgia law, the difference between nominal, compensatory, and punitive damages, and the specific purposes for which they are awarded. An Atlanta personal injury lawyer can explain if nominal damages apply to your case and if you are eligible for other damages.
Legal Foundations of Nominal Damages in Georgia
In Georgia, nominal damages serve as a legal remedy designed to acknowledge a violation of rights. This legal concept is rooted in the principle that the acknowledgment of a victim’s right and its breach is sufficient for a court to award damages. Under O.C.G.A. § 51-12-4, nominal damages may be awarded when an injury is small, or the exact amount of damages is difficult to determine.
This law emphasizes the importance of upholding rights even in the absence of significant harm or financial loss. It allows plaintiffs to maintain a lawsuit to vindicate rights where monetary compensation is not necessarily their primary objective. By awarding nominal damages, the court symbolically states that the plaintiff’s rights were infringed, reinforcing the principle of legal accountability.
For a free legal consultation, call 404-214-2001
Distinctions Among Nominal, Compensatory, and Punitive Damages
There are different types of damages available in legal proceedings for anyone involved in a personal injury lawsuit in Georgia. Each type of damage serves a different purpose and addresses different aspects of harm or violation that may occur.
Nominal Damages
As stated above, nominal damages are typically a small, symbolic sum, often as little as one dollar. They are awarded when a plaintiff proves a legal wrong has occurred, but the wrong caused little to no substantial harm or financial loss. The award of nominal damages is a legal acknowledgment that a plaintiff’s rights were infringed, even though the infringement did not result in significant damages.
Compensatory Damages
In contrast to nominal damages, compensatory damages are intended to make the plaintiff “whole” again—to restore the plaintiff to the position they were in before the harm occurred. In negligence cases, compensatory damages can be economic (tangible losses) or non-economic (intangible losses such as emotional distress).
Economic damages are the quantifiable financial losses a plaintiff incurs as a result of another’s wrongful conduct. Also known as special damages, these damages are intended to compensate the plaintiff for measurable monetary losses. These typically include:
- Medical expenses: Costs incurred for medical treatment immediately after the incident and future medical care related to the injury.
- Lost income: Compensation for the income lost due to inability to work during recovery. This also covers loss of earning capacity if the plaintiff’s ability to earn money in the future has been compromised.
- Property damage: Reimbursement for repairs or replacement of property damaged due to the incident, such as a vehicle in an auto accident.
- Other financial losses: This can include a variety of other quantifiable losses, such as rehabilitation costs, home modification expenses, and costs related to canceled plans due to the injury.
Non-economic damages are awarded to compensate for intangible losses that do not have a specific monetary value but significantly impact a plaintiff’s quality of life. These damages acknowledge the emotional and psychological aspects of a victim’s suffering due to an incident. They typically include:
- Pain and suffering: Compensation for the physical discomfort and emotional distress experienced since the incident and potentially into the future.
- Emotional distress: Recognizes the psychological impact of an injury, including symptoms of anxiety, depression, and post-traumatic stress.
- Loss of enjoyment of life: Compensates for the loss of enjoyment in day-to-day activities and hobbies that a person can no longer participate in due to their injuries.
- Loss of consortium: Provided to the spouse or close family members for the loss of companionship and the impact on the relationship due to the injury.
- Disfigurement: Compensates for the permanent physical changes that affect a person’s appearance and potentially their self-esteem.
- Impairment: Covers the loss of physical or cognitive functions that affect aspects of daily living.
These types of damages recognize that the impact of an injury extends beyond financial expenses. They address the broader human costs of injuries, offering some measure of relief for the suffering that cannot be quantified in dollar terms. Through non-economic damages, the law acknowledges that the well-being and mental health of an individual are just as important as their financial health.
Punitive Damages
The objective of punitive damages is not to compensate the victim but to punish the wrongdoer and act as a deterrent against future misconduct. These damages are applicable in cases where the defendant’s actions are found to be particularly harmful, malicious, or reckless. Punitive damages are not tied to the actual damages suffered but are instead intended to reflect the severity of the wrongdoing and the need to prevent similar future actions.
Calculating Damages in Personal Injury Cases
In personal injury cases, calculating damages is a complex process that considers both economic and non-economic impacts on the victim. This calculation is crucial for ensuring fair compensation.
Calculating Economic Damages
Economic damages are straightforward to calculate as they are based on actual financial losses experienced by the plaintiff. The sum of these financial records, supported by invoices, wage statements, and receipts, reflects the total economic damages.
Calculating Non-Economic Damages
Non-economic damages, on the other hand, are inherently subjective and do not have a standard calculation formula. The assessment typically involves evaluating:
- Severity of the injury
- Duration of pain and suffering
- Impact on the plaintiff’s lifestyle
- Psychological implications of the injury
Courts or insurance adjusters may use multipliers or per diem methods to estimate these damages, assigning a daily rate or a multiplier based on the severity and impact, which is then applied to the economic damages to arrive at a reasonable figure.
Click to contact our personal injury lawyers today
Learn More About the Damages in Your Personal Injury Case
Call Kaine Law today for a free case consultation. We can discuss your case and explain the damages that you may be able to pursue.
Call or text 404-214-2001 or complete a Free Case Evaluation form
