This is important: Most lawsuits are basically claims for money to pay for losses and damages.
Some lawsuits also ask the court make a person do certain things. In dog or animal related cases, such requests may include asking the dog or animal be removed from the area, or be properly contained, or even that the dog or animal be destroyed.
There are several categories of damages. They are broadly classified as:
- Nominal Damages;
- General or Compensatory Damages;
- Special or Specific Damages,
- and Punitive Damages.
Nominal damages may be awarded if an injury is small or the mitigating circumstances are strong.
General or compensatory damages are defined as those damages which flow from any tortious or bad act. These types of general damages are, for example, claims for pain and suffering. There is no specific amount pre-assigned to such claims, it is ultimately up to a judge’s or jury’s decision.
Specific or special damages are defined as loses that actually result from a tortious or bad act. These types of damages are, for example, incurred medical expenses, veterinarian bills, lost wages, or property replacement costs. The actual, specific loss, cost, or expense must be proven to recover.
Punitive damages are awarded in order to penalize, punish, or deter a defendant. Punitive damages may be awarded only where there is extensive proof that a defendant’s tortious or bad actions were aggravating or egregious.
In legal language, the defendant’s action must show “willful misconduct,” “malice,” “fraud,” “wantonness,” “oppression,” or that “entire want of care that demonstrate a conscious indifference to consequences.” These types of damages typically require a level of proof above the preponderance of evidence standard.
As a note, “reinstitution” awarded in a criminal case is like the special or specific damages that can be awarded in a civil case. Restitution in the criminal context is an order requiring a defendant to restore (re-pay) the victim for his or her loss of money or property.
Each jurisdiction has its requirements for proving the various types of damages at trial. Please refer to your state law to determine what damages are allowed and how such damages are proven.
As always, consult with a lawyer when you are trying to bring a lawsuit or have been sued. Also, a lawyer in your area can help with preparing for trial and making the various claims for damages, or defending against any such claims.