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Compensatory Damages

   Also found in: Dictionary/thesaurus, Legal, Financial, Encyclopedia, Wikipedia 0.01 sec.
Compensatory Damages
A monetary sum—damages—determined by a jury in court, and awarded to a party injured by negligence, that attempts to restore the victim to the state he/she would have been in had the ‘wrong’ not occurred

damages,
n.pl compensation or indemnity that may be recovered in the courts by any person who has suffered loss, detriment, or injury to person, property, or rights through the unlawful act or negligence of another.
damages, compensatory,
n.pl a sum that compensates the injured party for injury only.
damages, exemplary (punitive damages)
(igzem´plrē),
n.pl damages awarded to the plaintiff over those that will barely compensate for property loss. Such compensation may be awarded when the wrong done to the plaintiff involves violence, malice, or fraud by the defendant. The object is to provide compensation for mental suffering or loss of pride. It may be employed as punishment of the defendant.
damages, nominal,
n.pl a small sum awarded to a plaintiff in an action in which there is no substantial loss or injury to be compensated but in which the law still recognizes a technical invasion of rights or a breach of the defendant's duty. Also awarded in cases in which, although there has been a real injury, the plaintiff's evidence is not sufficient to show its amount.
damages, punitive,
n.pl See damages, exemplary.


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In 2001, according to The National Law Journal, the median ratio of punitive to compensatory damages was 3-to-l: it jumped to 4.
The bill could remove the caps on punitive and compensatory damages in claims made under the Equal Pay Act, thereby providing unlimited monetary remedies for claims; allow for punitive and compensatory damages on unintentional pay disparities; eliminate employer defense for paying people differently because they work in different parts of the country or considering their prior salary history; and make it easier for plaintiffs to become parties to large class actions.
The Second and Seventh circuits have awarded punitive damages without accompanying compensatory damages or back pay in Title VII cases, and the First and Third circuits have approved awarding punitives with nominal damages in [section]1981 cases.
 
 
 
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