How Do You Determine Your Compensatory Damages

How Do You Determine Your Compensatory Damages

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Compensation for damages directly compensates the victim for important losses suffered. Most jurisdictions allow for compensatory and non-compensatory reparations. However, only the compensatory remedy indicates monetary restitution for economic damages or damage.

Compensatory Damages

Compensatory damages refer to ‘actual damages,’ which means that the damages represent the actual loss suffered. Compensations that compensate the victim for mental disturbance, emotional damage, damage to reputation, or loss of pleasure in their life, for example, are considered compensatory damages.

Compensation for Tort or Injury

When it comes to losses that aren’t of an economic nature, it is not possible for the victim to indicate the economic loss as when there are medical bills to pay. However, the court tries to establish the monetary value of the damage. The courts also take into account various factors when determining the monetary amount that compensates the grievance.

The Integrity of the Victim

The purpose of compensatory compensation is to return the victim to her integrity or to help her recover it. In other words, the court tries to get the victim back to his natural state, as if the damage had not taken place.

Examples of Compensatory Compensation

Some typical examples of compensation for damage include, but are not limited to, reimbursement or compensation for:

  • Loss of assets
  • Medical amounts paid or paid
  • Rehabilitation costs
  • Home health care
  • Nursing care in the home
  • Physical therapy
  • Medical equipment
  • Cost of home renovation or adaptation of the vehicle to disability
  • Funeral costs in cases of culpable homicide
  • End of life care or hospice
  • Property damage
  • Emotional or psychological damage
  • Loss of interest or enjoyment of life
  • Loss of ability to respond to interests and objectives
  • Loss of ability to continue studies or career
  • Loss of intimacy and companionship in marriage
  • Loss of orientation and supervision by parents or close relatives in cases of culpable homicide.

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