The many different forms of damages, including general, special, and punitive, are discussed in this chapter. In any civil case, the plaintiff must prove not only that the defendant is liable for the plaintiff's loss but also the extent of that loss. Damages refer to the monetary, property, or personal losses suffered by the plaintiff. The point of an award of damages is to restore the plaintiff to the condition he or she was in prior to the injury, if that is possible. Damages are also designed to punish the defendant for the defendant's willful actions or wanton disregard for the safety of others. Because civil damages serve so many functions, we begin this chapter with a general discussion of what damages are and then address the specific types of damages available in civil cases.

After reading this chapter, you will be able to:

Compare and contrast general damages with special damages.

Create a list of specific types of damages and categorize them.

Describe how attorneys present damages to juries.

Describe how to measure future lost income.

Explain how attorneys prove damages at trial.

Define the importance of fair market value in property losses.

Explain the collateral source rule.

Describe the doctrine of mitigation of damages.

Define a court’s equity power.