When you file a lawsuit against a party, you may be able to recover different types of damages. The damages awarded depend on the circumstances of the case and the extent to which the plaintiff — the party filing the lawsuit — has suffered. In personal injury cases, a plaintiff often files a claim for property damage, bodily injury, or other physical and emotional harm. This requires strong evidence, which is best gathered and presented by experienced attorneys such as a personal injury lawyer in California.
However, in some situations, the court may determine that the plaintiff does not have sufficient evidence to prove actual damages, even though the defendant is still legally liable. In these cases, the court may issue nominal damages. Nominal damages are typically awarded when the plaintiff has not suffered measurable losses or lacks adequate evidence to support a damages claim.
One of the most important elements in any personal injury lawsuit is proving that the plaintiff suffered actual damages. If no damages can be shown, the court will likely dismiss the case. But if the defendant acted negligently or wrongfully, and the court wants to legally recognize that wrongful conduct, it may still award nominal damages.
For more assistance with filing a personal injury lawsuit and ensuring you have adequate evidence to prove damages, call Megeredchian Law today for a free case evaluation: (866) 359-0807.
Many clients do not realize the full extent of their damages until they speak with our attorneys. Our California car accident lawyers will evaluate all potential damages—including future economic losses, an area many plaintiffs overlook. Future damages, such as reduced earning capacity or long-term medical needs, may also be compensable under California law.
What Are Damages?
Damages are monetary compensation awarded to a plaintiff in a civil lawsuit. Examples include:
- Property damage: Common in traffic accidents (car, motorcycle, truck, train, pedestrian, etc.).
- Pain and suffering: Awarded when the plaintiff experiences emotional or psychological distress resulting from physical injuries. More severe injuries typically lead to greater emotional distress.
- Medical bills: Awarded in nearly every personal injury case. Treatment costs—emergency visits, hospitalization, physical therapy, medications, and long-term care—can accumulate quickly.
Before awarding damages, the court reviews all available evidence to determine the plaintiff’s actual losses. That’s why it’s important that you have a good accident lawyer by your side. They will gather the evidence needed to support your damages. Inexperienced lawyers may fail to document the severity of injuries or future needs.
Why Were Nominal Damages Created?
Nominal damages allow courts to acknowledge that the defendant committed a wrongful act, even if the plaintiff suffered minimal or no measurable harm. In these cases, the court awards a small sum to the plaintiff—not because of financial need, but to formally recognize the defendant’s liability.
In California, nominal damages also preserve a plaintiff’s right to potentially pursue punitive damages, depending on the facts.
Why Are Nominal Damages Awarded?
Nominal damages may be awarded when:
- The plaintiff has not asserted compensable damages
- The plaintiff has not suffered property damage or measurable physical loss
In other words, the court acknowledges liability but finds insufficient proof of actual damages.
Why Should You File a Claim for Nominal Damages?
You may pursue nominal damages if you believe a defendant should be held accountable but you cannot prove financial losses. Filing the claim allows the court to make a legal determination regarding liability.
Examples include:
1. Pursuing Punitive Damages
In limited situations—such as drunk driving or intentional misconduct—California courts may award punitive damages if the defendant’s conduct was malicious or egregious. Establishing liability through nominal damages can preserve the plaintiff’s ability to seek punitive damages (subject to evidence and legal thresholds).
2. Establishing a Legal Right
Sometimes the plaintiff seeks a court ruling rather than financial compensation. For example, if a neighbor trespasses but causes no physical damage, nominal damages allow the court to formally recognize the violation. This ruling can then help prevent future misconduct.
Nominal Damages in Contract Cases
Nominal damages are common in breach-of-contract actions when losses cannot yet be measured. For instance, if a business contracts with a supplier for goods that are never delivered, the plaintiff may lack immediate proof of lost profits. In such cases, California courts may award nominal damages to acknowledge that a breach occurred.
Attorney’s Fees
Nominal damages may help justify or support an award of attorney’s fees when allowed by statute or contract. While nominal damages themselves do not automatically trigger attorney-fee awards, they can be an important factor in certain types of claims.
Hire Experienced Attorneys
If you want to understand the potential value of your claim, our team can review all details and estimate your damages. Call Megeredchian Law today at (866) 359-0807 to schedule a free consultation and speak with our experienced legal team. We are available 24/7 by phone and email. Our attorneys assist clients throughout the entire claims process to ensure you receive the support you deserve. We have offices in Los Angeles, San Diego, San Francisco, and many other locations. Remote consultations are also available for your convenience.