Consequential damage is loss caused by one person to another or to their property, either with the purpose of injuring them, with negligence and carelessness, or by inevitable accident. The loss that someone has suffered, and the gain that they have not been able to make.
The one who caused the damage is obliged to repair it and, if he has done it maliciously, may be obliged to pay beyond the actual loss. When the damage occurs by accident, without fault to anyone, the loss is borne by the owner of the injured thing; For example, if a horse flees with its rider, through no fault of the latter, and injures someone else's property, the injury is the loss of the owner of the thing. When the damage occurs by the act of God or unavoidable accident, for example by storm, earthquake or other natural cause, the loss must be borne by the owner.
Damages attempt to measure in financial terms the extent of harm a plaintiff has suffered due to the actions of a defendant. Damages are distinguished from costs, which are expenses incurred as a result of filing a lawsuit and that the court can order the losing party to pay. Damages also differ from the verdict, which is the final decision rendered by a jury.
The purpose of damages is to restore an injured person to the position the party was in before they were injured. As a result, damages are generally viewed as remedial rather than preventive or punitive. However, punitive damages can be awarded for certain types of wrongful conduct. Before an individual can recover damages, the damage suffered must be one recognized by law as a guarantee of reparation, and must have been sustained by the individual.
The law recognizes three main categories of damages: compensatory damages, which are intended to restore what a plaintiff has lost as a result of the wrongful conduct of a defendant.
Nominal damages, which consist of a small sum awarded to a claimant who has not suffered significant loss or damage, but has experienced an invasion of rights.
And punitive damages, which are awarded not to compensate a plaintiff for harm suffered, but to penalize a defendant for particularly egregious, unjustified conduct. In specific situations, two other forms of workers' compensation can be awarded: acute and liquidated.
