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Compensatory Damage Questions 

People who are faced with cases that involve compensatory damages undoubtedly have questions throughout the whole process. Any type of legal issue can be a scary experience when not armed with the right information. Read below where Experts have answered many questions regarding Compensatory Damage.

What are compensatory damages?

Compensatory damages also known as actual damages are paid to compensate a person who files a claim of personal loss or medical injury suffered as a result of another person’s breach of duty. Compensatory damages are what the claimant would have actually been awarded if they did not have a personal loss or any type of harm or damage suffered as a result of this breach of duty. Compensatory damages would include medical expenses, wage loss, repair, or replacement value.

What is the average amount received for compensatory damages for retaliation and hostile work environment?

There is not a minimum or maximum compensatory damage amount.  Compensatory damages are based on the actual loss/damages. In most cases of a hostile work environment the plaintiff would no longer be working at that place when they file a claim. So the compensatory damages would be based on the gross wages lost. The court or agency will then decide for how long the plaintiff should receive this amount. The damage amount is determined on a case by case basis and is subject to specific details of the case.

How is past/future compensatory damages awarded for a federal discrimination case based on discrimination of physical disability and race?

Compensatory damages are awarded to the claimant for loss, injury, or harm caused by the breach of duty. When discrimination is discovered, the purpose of the law is to place the victim in the exact position as if the discrimination never occurred and then to possibly award money as a solution. Compensatory damages can be awarded for losses or suffering inflicted due to the discriminatory act of conduct.

 See Carey v. Piphus U.S. 247,254 (1978)): This reasoned that the purpose of damages is to “compensate persons for injuries caused by the deprivation of constitutional rights." Compensatory damages "may be had for any proximate consequences which can be established with requisite certainty," and include damages for past pecuniary loss (out-of-pocket loss), future pecuniary loss, and nonpecuniary loss (emotional harm/pain and suffering).

If someone was awarded a settlement for a compensatory damage is taxes owed?

Any settlement for compensatory damages that is based on lost wages would be subject to taxation. Individuals would typically have to pay the taxes on the money just like it was a regular paycheck. The employer or insurer will insist on getting a portion of the amount for the state and federal taxes. You would only have to pay taxes on the amount from the settlement that was actually the compensatory damages amount. The other amounts such as attorney’s fees and emotional distress that might have been awarded are not taxable to the individual.

If the Equal Employment Opportunity Commission finds that a company violated the Americans with Disabilities Act in a wrongful termination case what would be a fair amount to ask for compensatory damages?

In most instances that the EEOC discovers discrimination the individual would have actual compensatory damages. This would be the loss of money out of pocket as a result of the discrimination. In some cases an individual may have out of pocket expenses due to the discrimination that they will have to pay in the future. These are labeled as actual future compensatory damages. An actual amount to ask for regarding compensatory damages will be based on loss of current and future wages, current and future medical bills for treatment resulting for the discrimination, and for the non- pecuniary compensatory damages, which is at maximum $300,000.

Knowing the right facts and having a good understanding of compensatory damages can help when faced with questions about compensatory damages. Experts can help answer questions about compensatory damages fast and affordable in the comfort of your own home.

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Recent Compensatory Damages Questions

  • John, Regarding my civil case, If a nuisance settlement

    John,

    Regarding my civil case, If a nuisance settlement is not agreed upon by the defense/plaintiff, and the case is near the deadline to enter into the discovery phase. How should my evidence be setup for discovery.

    Can you give me some idea what type of evidence will the defense is searching for. I understand the burden of proof is on me.

    Is both the defense/plaintiff given time to response. How does this process works?

    When can I dismiss my case without prejudice, is it a special document? If contiguous if my nuisance settlement is not agreed upon.


    I work for a company over 3000 employees, I list 21 violations is my court document. This company obtained 1 of the top ten law firms.

    As a quest what is the amount they would need to flight something like this case in court?

    Essieb
  • Dear Sir, I filed a discrimination and harassment claim

    Dear Sir, I filed a discrimination and harassment claim with EEOC. I was issued a "Right to Sue" Letter and had 90 days to file with State or Federal Court. After several failed attempt to obtain counsel, I was told to the law firm was retainer for my employer. I had to file Pro se, with Federal Court before my time expired. Now my case is going forward and approaching the discovery phase in my case. I still employer in which I am told that this does not make my case stronger. Before the discovery hearing date should I settle for a nuisance settlement? The only evidence I have is emails, finances to fight this case and no witnesses with come forward.

  • What can I reasonable ask for if I won an employment discrimination

    What can I reasonable ask for if I won an employment discrimination case. I suffered a financial loss, credit ruined (late payments and excessive use of credit just to survive). I had to withdraw my pension and 401k. I suffered with depression during my pregnancy and three weeks after giving birth I got fired, which caused me to go into major depression. Before I got fired I was still attending school to obtain my MBA, which the job was paying for. After I got fired, obviously, the payment of school stopped. I am still enrolled in the program and have only one class left. i want my settlement to include my financial hardship (what can I ask for?), emotional distress, back pay up until the day I found my new job, payment for the remainder of my school for which they did not pay when I got fired, and repayment of my 401k and pension. Does this sound fair? Is there anything else I should be asking for? Please provide some guidance, thanks.
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