Also known as: actual damage · compensatory damages
Written by attorneys · grounded in primary & secondary sources — see below
A sum of money awarded to compensate a person for proven injury or loss sustained. The award provides indemnity or restitution measured by the extent of the harm established through evidence.
Amelia Amari suffered a broken leg when Austin Abbott's vehicle struck her in a crosswalk. She proved medical bills and lost wages through receipts and employer records. The court awarded her a sum covering those documented losses as compensation for the harm.
Anchor Bank held an easement across Arcadia Retail's parking lot for customer access. Arcadia Retail blocked the path with permanent barriers. The court ordered Arcadia Retail to pay Anchor Bank the documented costs of rerouting traffic and lost business as compensation for the interference.
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Aaron Adams and Ava Adebayo ended their engagement after signing a detailed agreement. Ava proved expenses for wedding deposits and relocation costs incurred in reliance on the plans. The court permitted recovery of those expenditures as actual damages under the retained heartbalm action.
Ariana Azizi's delivery truck was damaged when Alpine Mining's equipment fell from a cliff. She established unique lost profits from canceled contracts through invoices and customer affidavits. The court awarded compensation for those consequential losses beyond ordinary vehicle repair costs.
Alexandra Armstrong's warehouse inventory was destroyed by Apollo Energy's negligent pipeline leak. She submitted receipts showing the replacement cost of the goods and the resulting liability to customers. The court required that proof before awarding compensation for the property harm.
Amelia Amari endured severe anxiety after Austin Abbott's assault caused lasting physical injury. Medical testimony established the distress without separate economic proof. The court included compensation for that harm in the award even though no pecuniary loss was shown for the emotional component.
Actual damages require proof of the extent of harm and the amount needed for adequate compensation. Nominal damages are a trivial sum awarded when a cause of action is established but no compensatory amount is proven.
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No. Compensation for bodily harm and emotional distress may be awarded without proof of pecuniary loss. In contrast, harm to property, earning capacity, and creation of liabilities requires such proof.
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Yes. Special damages cover harms other than those normally anticipated from the tort. They require proof and may include items such as lost profits or unique expenses beyond general damages.
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Where the action is retained, recovery may include actual damages for expenditures made in preparation for marriage. Recovery does not extend to loss of expected benefits such as social or financial position.
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Compensatory damages are one available remedy for breach of a servitude. The choice among remedies considers the nature of the servitude, party conduct, fairness of the transaction, and costs and benefits of enforcement.
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…need not be alleged or proved but are presumed," and "punitive damages may be awarded by the jury even though the amount of actual damages is neither found nor shown." An award of punitive damagesas distinguished from "general" damages, which are compensatory in natureapparently requires proof of actual malice under Alabama…