What are Nominal Damages? – When and How to Qualify

Nominal damages are the money awards given to plaintiffs whose rights were violated, but didn’t suffer substantial damages to warrant a full settlement.

In personal injury law, there are different damages the plaintiff may recover in a civil claim. Compensation from a lawsuit depends on how severe one violated their duty of care, and how their actions affected you.

In some cases, the plaintiff cannot provide sufficient evidence to prove they suffered injuries or losses. However, their legal rights were proven to be violated, resulting in a nominal damage reward.

These nominal damages can result in awards as small as a few dollars or less. Therefore, nominal damages often happen in small claims court. The victim may have their rights violated and want to sue for liability, but little-to-no evidence was shown.

To understand if your claim qualifies for nominal damages, you may seek legal advice from a personal injury attorney. If you believe you deserve more, you can always file a personal injury appeal to raise your chances.

How to Qualify for Nominal Damages

A personal injury attorney analyzes your case and determines whether or not there’s a case worth settling and if you qualify for nominal damages. These claims are awarded for cases involving negligence, but cause no losses to the victim.

There had to be an established duty of care the guilty party owed to you. It was then proven to be broken due to their actions.

Sometimes, plaintiffs go into court expecting a high sum of compensatory damages. However, if there isn’t credible evidence of loss but you prove liability, the court may award you nominal damages instead.

It’s important to speak to an attorney to find out the true worth of your settlement. You may qualify for more than nominal damages; it all depends on how you present your evidence.

When are Nominal Damages Awarded?

Nominal damages are awarded when the victim proves their legal rights have been violated, but there is no evidence to back it up to receive economic and non-economic compensation. If there are no actual damages of bodily injury or property damage, the court would then consider nominal damage rewards.

In some cases, when the defendant is proven wrong, the court may punish them with punitive damages if there was malicious intent. These malicious intentions could be gross negligence or reckless behavior from drunk driving, illicit trespassing, etc. Otherwise, the court may have the defendant pay the plaintiff’s legal fees.

When it comes to certain losses, keep in mind some states have different laws. Some states may force the defendant to pay the plaintiff’s legal fees while others only offer small amounts of compensation.

Some states may add punitive damages and not have the defendant pay the legal fees for the plaintiff, sometimes it’s one way or the other.

The Purpose of Nominal Damages

Claimants sue for nominal damages to punish the responsible party for their negligent actions despite suffering no injuries. Below is a list of reasons why a plaintiff may want to pursue nominal damages:

• The plaintiff desires to prove what’s right despite knowing they’ll receive little to no compensation.
• The plaintiff wants to win their case for vindictive reasons.
• The plaintiff may not realize there is insufficient evidence to prove cause for harm
• The plaintiff plans to retrieve punitive damages against the responsible party to punish the defendant and prevent future incidents from happening again.

One may wonder why anyone would pursue nominal damages for small monetary returns. These losses are there for people to voice their concerns and establish grounds for taking legal action to prevent similar situations. Otherwise, they want a record of their rights violated as part of the legal process.

When to File for Nominal Damages

Since nominal damages come from mostly small claims, the timeline to file a claim can vary by state. The deadline for filing a personal injury claim in the U.S. can range from two to four years. However, these claims are often due to the person sustaining injury or actual damages.

Hence, in the case of nominal damages, you should file the claim as soon as possible if you know there is little financial gain. Failing to file within the statute of limitations of your state may result in your case being barred from court.

Legal Fees

Legal fees could cost up to thousands of dollars and the court could order the defendant to pay your legal fees as nominal damages. In a way, it’s like a penalty to the defendant for violating your rights.

However, punitive damages may apply to your case. In certain states, legal fees may not be added if the defendant is charged with punitive damages. Thus, you should look up the laws within your state or file with a personal injury attorney to see how legal fees operate.

Examples of Nominal Damages

Some nominal damages may include but are not limited to the examples below:

• A stranger is trespassing on your home and has not caused any damage to your property.
• A person stealing your dog but no harm or damage was done.
• A neighbor’s dog was aggressively chasing you and trying to harm you but no damage or injuries were sustained.
• A person disrespectfully throws your belongings on the floor to claim a seat next to you.
• Not receiving your security deposit back when no damage was done in the property, resulting in a breach of contract.

There are different scenarios for nominal damages, often coming from small claims courts. Thus, you should speak with an attorney and see if your case qualifies for nominal damages.

Nominal vs. Compensatory Damages

The difference between nominal vs compensatory damages is the reason both damages are awarded in a claim.

Nominal damages are awarded to prove the victim’s rights were violated. Compensatory damages are estimates of actual damages or injuries inflicted on the victim, ranging in cost due to medical treatments, lost wages, pain and suffering, etc.

The primary difference between nominal vs. compensatory damages is if injuries or damages are applied and how much compensation one would receive.

Nominal damages are limited due to not usually resulting in damages or injuries. Comparably, compensatory damages can lead to injuries from accidents or damaged property inflicted by negligent parties.

File a Legal Claim With a Personal Injury Attorney

If you believe your rights were violated and seek justice, file for nominal damages with a personal injury attorney. Filing for nominal damages varies by state so it’s important to know your area’s laws and regulations. Contact LegalASAP and we can help you find an experienced personal injury attorney within your state.

See if you qualify by filling out this free quick consultation form, and we’ll try to reach you as soon as possible. You may call us at 888-927-3080 and we’ll do our best to address your questions or concerns.