In most personal injury cases, an accident victim pursues financial compensation from the person or party responsible for his or her losses and suffering. In these cases, it is necessary for the wronged party, also known as the plaintiff, to show evidence that he or she was harmed in some way. However, in some cases the plaintiff might lack this information, either because of a failure to obtain the proper evidence or a lack of injuries.
If the plaintiff has not suffered a substantial amount of loss, but has been legally wronged, he or she may be awarded nominal damages. Nominal damages are usually awarded in one of the two following situations:
- The plaintiff has failed to provide evidence of his or her losses.
- The plaintiff has been victimized, but has not suffered physical losses.
Nominal damages are usually quite small and may only cover the plaintiff’s legal expenses. Usually, people seeking nominal damages are not necessarily seeking financial compensation, but rather are seeking the judicial acknowledgment that the defendant has violated their rights. They either want their mistreatment to become part of the legal record, or they want to establish grounds to take further legal action. Sometimes, those who are awarded nominal damages go on to pursue punitive damages, which are awarded as a type of punishment for a defendant who has exhibited extreme negligence.
An experienced Iowa personal injury lawyer can thoroughly evaluate your case and advise you if you have adequate evidence or injury to pursue compensation. To learn more, contact the Iowa personal injury attorneys of LaMarca Law Group, P.C. at 877-327-2600 today.