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Property damages are financial losses caused by someone else’s wrongful conduct, awarded in civil cases. They are a type of special damages, compensating for objectively measurable losses like property damage or lost income. They do not preclude non-pecuniary compensation, which is why attorneys take cases.
Property damages are out-of-pocket economic losses suffered by a person as a result of the wrongful conduct of another person. They are awarded by a judge or jury in a civil case. This type of compensation is a category of special damages and is distinct from other types of monetary compensation that may be available in the same court case, such as general damages.
Damages in civil cases are available in many jurisdictions that have legal systems based on English common law, but plaintiff-oriented litigation with substantial jury awards is a particular feature of the United States legal system. The historic notion of compensation aimed first of all at healing the injured party, or in other words, at restoring it to the state it was in before the damage occurred. Monetary damages are in line with this traditional use of the damages award and are not punitive or intended to enrich a party for injuries that cannot be objectively measurable.
The two general categories of damages recognized in a US civil suit are general damages and special damages. Property damages are a type of special damages. An award in this category can only compensate a portion for financial losses that can be calculated mathematically with some certainty. General damages can compensate a party for many different categories of injuries, including subjective mental injuries such as pain and suffering.
Losses that may be compensated under a pecuniary damages award are damage to or destruction of property, loss of current and future earnings, loss of ability to collect an inheritance, funeral expenses and any other out-of-pocket expenses necessitated by the underlying action. For example, if a person hits another car, the monetary award would be the amount needed to repair the car or restore the injured person to the state they were in before the accident. Monetary damages for a manslaughter case could include the deceased’s loss of income and funeral expenses.
An award of pecuniary damages does not preclude a non-pecuniary compensation in the same case. In fact, the potential for non-pecuniary adjudication is typically why attorneys in the United States take cases on an emergency basis. If it appears that a lawsuit provides the injured party with only pecuniary damages, it will be virtually impossible to find an attorney to take the case because there would be no potential for a grand jury award.
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