Affirmative damages refer to a monetary award granted to a plaintiff in a lawsuit as compensation for a specific harm or loss suffered. These damages are intended to provide restitution for the plaintiff’s actual financial losses, such as medical expenses, property damage, or lost income, and are awarded in addition to any punitive damages or other forms of compensation.
Affirmative damages refer to a type of monetary compensation awarded to a plaintiff in a civil lawsuit. Unlike compensatory damages, which aim to reimburse the plaintiff for actual losses suffered, affirmative damages are intended to punish the defendant for their wrongful conduct and deter similar behaviour in the future. These damages are typically awarded in cases involving intentional or reckless misconduct, such as fraud, defamation, or malicious prosecution. The amount of affirmative damages is determined by the court and is often higher than compensatory damages to serve as a deterrent. However, the availability and calculation of affirmative damages may vary depending on the jurisdiction and the specific circumstances of the case.
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This glossary post was last updated: 29th March 2024.
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