HOW TO CLAIM COMPENSATION IN TORTS

INTRODUCTION

Tort is a legal wrong of civil nature. This means that any complaints or cases which will be filed in this matter will be filed in a court of civil nature. In civil cases, a person mostly files the case by him/herself so that he/she can claim compensation from any person who has caused loss to him/her by his/her unlawful actions. There are few remedies which are available to the person who has suffered an injury, and one of the most common remedies is the award of damages. Damages are the amount of money which the injured person can get from the person who has explicitly caused some injury to him/her. For a claim of damages, a person should have suffered a legal injury, strictly because even if a loss is caused without a legal injury, the person won't be able to claim any compensation. Damages in the form of compensation can only be provided in the cases of injuria sine damno but not in a case of damnum sine injuria.

TYPES OF DAMAGES

1. Nominal Damages

• Nominal damages are the kind of damages in which the plaintiff has suffered a legal injury at the hands of the defendant; there is no actual loss suffered by him.
• These damages are provided in the cases of 'injuria sine damno', the Court recognises the violation of the rights of the plaintiff, but there is no actual loss to the plaintiff.

2. Contemptuous Damages

• In the case of contemptuous damages, the Court believes that the right of the plaintiff is violated and to show that the suit which is brought by the plaintiff is of such a meagre nature that it has only wasted the precious time of the Court, the Court awards a small amount to the plaintiff as damages or compensation. 
• It is quite similar to the nominal damages; the difference is that in nominal damages the plaintiff mostly suffers no actual loss but legal damage and in contemptuous damages, the plaintiff suffers actual damage, but it is basic damage in which he does not deserve to be largely compensated.

3. Compensatory Damages

• These damages are awarded to the plaintiff so that he/she can reach his original position at which he/she was before the tortious act was committed against him. 
• They are not awarded to punish the defendant, but in fact, to restore the plaintiff to his actual situation. 

4. Aggravated Damages

• Aggravated damages are awarded for extra harm which has been caused to the plaintiff, which can't simply be compensated by the compensatory damages.
•  It is given for factors such as the loss of self-esteem, pain and agony suffered by the plaintiff, i.e. damages which cannot be calculated in basic monetary terms. 
• These damages are additional damages which are provided to the plaintiff other than the damages awarded for his monetary or non-monetary pecuniary loss.

5. Punitive Damages

• These damages are called exemplary damages, and the sole purpose of these damages is to punish the defendant, to try and make a strict example of him so that other people can be deterred from committing the same act as he/she did.
• Whenever a court feels that the act of the defendant was disgusting and in need of serious punishment, it awards punitive damages against him to the plaintiff.
  

CONCLUSION

Damages are monetary compensation/relief, which is prescribed by the Court to the plaintiff in return to the loss suffered by him/her due to the tort committed by another person or a group of people. There are many types of damages, and the basic calculation of damages depends on basic factors such as the nature and extent of the injury suffered and the relation between the plaintiff and the defendant. The basic calculation of damages and payment of compensation depends on the frequency and the extent of the wrongs committed.