Also known as: real damage · actual damages · compensatory damages
Written by attorneys · grounded in primary & secondary sources — see below
Compensatory damages awarded to a person as compensation, indemnity, or restitution for proven injury or loss. The award restores the injured party to the position occupied before the harm and requires proof of the extent of the harm with reasonable certainty.
SparkEdge sued NimbusCloud for misappropriation after a joint demonstration. At trial SparkEdge offered only an unsupported projection spreadsheet showing future profits. The court granted judgment as a matter of law on damages because no reasonable jury could award real damages on that record.
Thomas sued Drew for breach of promise to marry after the couple called off the wedding. Thomas sought recovery for career sacrifices and relocation expenses made in preparation. The court allowed recovery of those actual expenditures as real damages but barred any claim for lost expected financial position.
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Ravi Reddy was injured when Robert Rivera ran a red light. Ravi suffered a broken leg and emotional distress that commonly follow such collisions. The jury awarded real damages for bodily harm and emotional distress without requiring separate proof of pecuniary loss.
Ridgeway Partners trespassed on Riverfront Developments land and dumped debris that required costly removal. Riverfront proved the expense of cleanup and recovered real damages for harm to its property.
Rosalind Reed was assaulted by a coworker and missed six weeks of work. She introduced pay stubs and medical records showing the lost earnings and recovered real damages for harm to earning capacity.
Rachel Ramirez was falsely accused of theft by her employer in front of colleagues. She proved the resulting anxiety and humiliation and recovered real damages for emotional distress without showing any out-of-pocket loss.
A plaintiff must establish by proof the extent of the harm and the amount of money representing adequate compensation with as much certainty as the nature of the tort and the circumstances permit.
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Yes. Real damages are synonymous with actual damages and compensatory damages, all referring to an award that compensates for proven injury or loss.
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Yes. Compensatory damages that may be awarded without proof of pecuniary loss include compensation for emotional distress.
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Real damages for harm to property, harm to earning capacity, or creation of liabilities require proof of pecuniary loss.
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Nominal damages are a trivial sum awarded when a cause of action is established but no compensatory damages are proven. Real damages require proof of actual harm.
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No. Compensatory damages are not diminished by the fact that the injured person provoked the tortfeasor.
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…need not be alleged or proved but are presumed," and "punitive damages may be awarded by the jury even though the amount of actual damages is neither found nor shown." An award of punitive damagesas distinguished from "general" damages, which are compensatory in natureapparently requires proof of actual malice under Alabama…