NFPA Paralegal Core Competency Exam (PCCE)Substantive LawEasy
A paralegal is assisting an attorney with a client who was involved in a car accident. The client suffered severe injuries, and their medical bills amount to $50,000. Additionally, the client lost $10,000 in wages due to being unable to work. The client's car was totaled, with a fair market value of $15,000. Assuming the other driver was 100% at fault, what type of damages would the client typically seek to recover for these quantifiable losses?
- AStatutory Damages
- BCompensatory Damages
- CNominal Damages
- DPunitive Damages
Show answer & explanationAnswer & explanation
Correct answer: B. Compensatory Damages
Compensatory damages are awarded to reimburse the plaintiff for actual losses suffered, such as medical bills, lost wages, and property damage. The scenario describes quantifiable financial losses directly resulting from the accident.
Why the other options are wrong
- A. Statutory damages are set by law and do not necessarily reflect actual losses.
- C. Nominal damages are a small amount awarded when a right has been violated but no actual loss occurred.
- D. Punitive damages are awarded to punish the wrongdoer, not to compensate for losses.
Compensatory Damages
Monetary awards granted to an injured party to cover the actual losses and expenses incurred as a direct result of another's wrongful act or breach of contract.
- Aims to make the injured party 'whole' again.
- Includes special damages (quantifiable losses like medical bills) and general damages (non-economic losses like pain and suffering).
- Not intended to punish the defendant.
Memory trick: What kind of money makes things right?