What are Damages?
Damages are that amount of money which a judge or jury determine would fully and fairly compensate, not punish a defendant and not reward a claimant, but compensate a claimant for injury or harm suffered as a result of the wrongdoer’s negligence. Damages customarily include reimbursement for the fair and reasonable medical bills and charges, for the impairment to one’s earning capacity as frequently measured by out of pocket wage loss and that amount of money which fully and fairly compensates the injured for the pain, the suffering, both physical and mental or emotional, the disability, the loss of enjoyment of life and other like intangible harms caused by the negligence.
Compensation is simply an amount of money which is determined by the jurors to represent that amount of money which would fully and fairly compensate a plaintiff for an injury caused by someone else. It will not reward a plaintiff for having been injured; it will not punish a defendant for having caused such harm. It is simply intended to be that amount of money which equalizes the playing field so that the victim of someone else’s negligence is not alone to suffer the pain or the damage without any assistance from the perpetrator who would otherwise walk free.