Damages in Delaware

What Are Damages?

What are Damages?

“The purpose of a damages award in a civil lawsuit is just and reasonable compensation for the harm or injury done. Certain guiding principles must be employed to reach a proper damages award.” (See Schueller v. Cordrey, C.A. No.: N14C-10-201EMD, at *13 (Del. Super. Ct. Aug. 23, 2017).)

“First, damages must be proved with reasonable probability and not left to speculation. Damages are speculative when there is merely a possibility rather than a reasonable probability that an injury exists.” (See id.)

“While pain and suffering are proper elements on which to determine monetary damages, the damages for pain and suffering must be fair and reasonably determined and may not be determined by a fanciful or sentimental standard.” (See id.)

“The damages must be determined from a conclusion about how long the suffering lasted, the degree of suffering, and the nature of the injury causing the suffering.” (See id.)

Compensatory Damages

“Compensatory damages are defined as such damages as will compensate the injured party for the injury sustained, and nothing more; such as will simply make good or replace the loss caused by the loss or injury.” (See Mass. Mut. Life Ins. v. Certain Underwriters, C.A. No. 4791-VCL, at *45 (Del. Ch. July 23, 2010); Black's Law Dictionary 467 (4th ed. 1968).)

General Damages

“While general damages ordinarily follow from a party's special damages, they may be awarded without regard to out of pocket losses and are those such that the law presumes to be the natural and probable consequences of the defendants' wrongful conduct.” (See Cadiz v. Perez, C.A. No. CPU4-15-002657, at *13-14 (Del. Com. Pleas Jan. 30, 2017); Jagger v. Schiavello (2014) 93 A.3d 656, fn. 20.)

Punitive Damages

“The purpose of punitive damages is two-fold: (1) to punish wrongdoers and (2) to deter others from engaging in similar conduct in the future.” (See Cadiz v. Perez, C.A. No. CPU4-15-002657, at *15 (Del. Com. Pleas Jan. 30, 2017).)

“Punitive damages are recoverable . . . where the defendant's conduct exhibits a wanton or willful disregard for the rights of the plaintiff.'A defendant's conduct is willful or wanton when it reflects a conscious indifference or an ‘I don't care attitude.’” (See id; Black v. Chromascape, Inc., 2016 WL 6087103, at *1 (Del. Super. Aug. 9, 2016).)

“Punitive damages are appropriate when the defendant's conduct is particularly outrageous and requires punishment or deterrence.” (See id; State Farm Mut. Auto. Ins. Co. v. Campbell (2003) 538 U.S. 408, 419.)

Nominal Damages

“Nominal damages are appropriate where the plaintiff has not shown proof of actual injury.” (See B&L Cellular v. Uscoc of Greater Iowa, LLC, C.A. No. 7628-VCL, at *5 (Del. Ch. Dec. 8, 2014); Henson v. Prue (2002) 810 A.2d 912, 916.)

“There are also instances in which loss is caused but recovery for that loss is precluded because it cannot be proved with reasonable certainty. . . . In all these instances the injured party will nevertheless get judgment for nominal damages, a small sum usually fixed by judicial practice in the jurisdiction in which the action is brought. Such a judgment may, in the discretion of the court, carry with it an award of court costs.” (See RESTATEMENT (SECOND) OF CONTRACTS § 346 (1981); Ivize of Milwaukee v. Compex Litigation Supp., C.A. Nos. 3158-VCL, 3406-VCL, at *30 n.48 (Del. Ch. Apr. 27, 2009).)

Documents for Damages in Delaware

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C.A. Nos. 2020-0241-KSJM, 2020-0443-KSJM document preview

Memorandum Opinion - Civil

4 pages

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE LPPAS REPRESENTATIVE, LLC, in its ) capacity as authorized agent and ) representative of Luis Perez, Gerardo ) Necuze, and Manuel Enriquez, ) ) Plaintiff, ) ) v. ) C.A. No. 2020-0241-KSJM ) AT…