Damages in legal terms or cases refer to a particular amount of money that you should be paid as compensation for something illegal that another party or person has done to you. When a case is taken to court and you seek compensation for damages, the court might award you damages which would be paid by the other party if they are found guilty.
How to prove someone damaged your property is instrumental in getting award damages and a lawsuit filed in a district court would involve what we call actual damages.
Compensatory damages are also known as actual damages and it is the amount of money that a court would instruct you to be paid if you have suffered harm because of the action of another person or if you have suffered harm because the other party failed at carrying out a particular action. The compensatory damages are what you are paid with as compensation so you can go back to the initial level you were before suffering the damages. Damage awards always involve covering the cost of replacing or repairing lost wages, property, and other essential items.
How To Prove Someone Damaged Your Property
We have other damage types;
- Special Damages – These are the type of damages that get awarded so they can cover expenses relating to lost wages that occurred as a result of an accident
- Punitive Damages – refers to extra money that is awarded the victim to ensure the defendant gets punished for the damage he caused either as a result of malice or a deliberate act
- Statutory Damages – this sort of damage is awarded simply because it is mandatory by law
However, you should go ahead and speak with an attorney for advice if you feel any of these damages mentioned above applies to your own case but it is also dependent on the type of case that you have, facts surrounding your case, and if you have decided to sue the defendant in a small claims court. It is also the duty of the attorney to help you decide if you want your case to be heard in a circuit court. The next question you might have on your mind when it comes to seeking damages is what you need to prove in court.
What Do You Prove?
Walking into any court and seeking money damages is simply not good enough. If you are the one who started the case (also called plaintiff) then you are also the one that has the burden of proof. Bearing the burden of proof means two things;
- Ensuring that your case matches several legal requirements
- You are the one tasked with the responsibility of proving that whatever story you tell in court is true. Pieces of evidence to back up your story and prove that it is true should also be submitted in court
A ‘Preponderance Of Evidence” is what you have to prove your case by if your case is a non-criminal case and this simply means all you have to do is persuade the court that your own version of the story is true. The only way to win in this case is to prove that about fifty percent of evidence are in your favor and then it falls back to the court to decide whether;
- You have suffered an injury or loss that can be compensated for using a particular amount of money
- The other party named in your complaint is truly the party responsible for the injury or for the loss that you have suffered
How To Prove Damages
How to prove damages first depends on the type of case that you have as well as the facts surrounding your case. This is why we always advise people to make some research on their type of case so that the elements needed to prove their case would be properly and perfectly understood. The next step you should take is taking a look at the facts surrounding your case and what type of evidence you would need in persuading the court that the other party caused you to harm through an act of failure or directly and also to prove if you truly suffered harm.
One thing that you should also know is proving that you suffered harm and loss in some way is not the same as proving how much you should be compensated. It is not your responsibility to decide what you get as damages but it is your responsibility to prove that the amount you are to be paid as compensation is justified.