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Compensatory Damages Defined

A plaintiff is entitled to be compensated for all damages caused by a defendant’s wrongdoing. This includes compensation for past, present, and future injuries caused by the accident. Compensatory damages are designed to “make the plaintiff whole” by recompensing the plaintiff for the loss or injury sustained. They are supposed to put the plaintiff back into the position he occupied prior to the accident.

Virginia follows the “Eggshell Skull” rule. That is, even if a plaintiff suffers damages far greater than an average person would have as a result of an accident because of a pre-existing condition, the plaintiff is still entitled to receive full compensation for his injuries. Example: defendant’s car negligently strikes the plaintiff’s car in the City of Richmond. Plaintiff is elderly and the accident affects her much more than a younger person. She incurs $30,000 in medical bills. An average person would not have been affected by the accident. The plaintiff may claim the full $30,000, plus pain and suffering, even though the accident might not have affected someone else that severely.

As with proving liability, a plaintiff must prove that he has suffered damages by a preponderance of the evidence, i.e. more likely than not. Even if the existence of damages has been established, the plaintiff must produce enough evidence to permit a jury to make an intelligent and probable estimate of the plaintiff’s loss. The plaintiff does not have to prove the amount of damages with absolute certainty or mathematical precision. However, recovery may not be based on speculation or conjecture. A plaintiff must show the amount of his damages “with reasonable certainty.”