Understanding Nominal Damages

In the legal world, many terms can be confusing and can lead to people misunderstanding the true meaning behind them. One such term is nominal damages, which may sound intimidating, but is actually a quite simple concept to understand.

What Are Nominal Damages?

Nominal damages, also known as “token damages”, are forms of damages awarded by a court if the plaintiff has successfully proven the defendant’s liability, but cannot prove any financial losses or injuries. As a result, a nominal damages award is a small and symbolic amount, such as a few hundred dollars, which is meant to recognize the wrongdoing of the defendant. The purpose of nominal damages is to provide a legal remedy and acknowledge the defendant’s liability, but not to reduce any financial loss or pain and suffering to the plaintiff.

When Are Nominal Damages Awarded?

Nominal damages are typically awarded in cases in which the plaintiff has very little or no evidence to back up a financial amount of damages. Examples of cases in which nominal damages may be awarded include breach of contract cases, slander or libel cases, or cases involving purely emotional losses. It’s important to note that the court will always try to award the plaintiff with the smallest nominal damages award possible because they are not intended to compensate the plaintiff, only to provide them with a legal remedy and symbolize the defendant’s liability.

What Are the Benefits of Nominal Damages?

Nominal damages are beneficial to both the plaintiff and the defendant in a legal case. For the plaintiff, although they do not receive any money from the defendant, they gain peace of mind in knowing that the court recognizes that the defendant is legally liable for the case. For the defendant, they do not have to pay out any significant amount of money and can avoid any financial losses as a result. Nominal damages also help to maintain the finality of a legal decision and bring resolution to a lawsuit.

Conclusion

Despite its intimidating sound, nominal damages are actually quite simple to understand. Nominal damages are a small symbolic amount awarded to the plaintiff in a legal case, when the plaintiff cannot prove any financial losses. They are awarded to recognize the defendant’s liability, while avoiding any major losses to either side. Ultimately, nominal damages are beneficial to both the plaintiff and the defendant, as they provide a resolution to a case and recognize the defendant’s legal responsibility.