Damages from Torts

The objective of tort action damages is to make the harmed or injured individual “whole” by means of the cash award to compensate for damages and injuries caused by the incident or accident.

Damages for Injuries to Personal Property

The difference between the value directly prior to and following the injury is computing damages for
injury to personal property, except if the property is damaged, wherein case it is merely the item’s fair market value. At times, the amount may as well be the value of repair, however, the value of repair can’t go beyond the property’s fair market value otherwise the damages might be said to make up economic waste (that is to say, it’d make more sense and be less expensive to just change the item
instead of fixing it).

Damages for Losses to Real Estate

The difference between the land’s fair market value prior to and following the injury is computing the
damages for indefinite damage to real property such as land. If the devastation is only short-term,
damages amount to the sensible cost of fixing the property including the property use value throughout the recovery period or the reduction in the property’s rental value.

Lost Earnings

Loss of succeeding earnings is verified with reasonable assurance through evidence of (a) the cost of lost wages for some ascertainable period of time and (b) the subsequent period over the wages will be
diminished or lost. Computing the damages for wage loss is the earned amount of wages. Retirement contributions, Social Security, or other destitution may not be utilized to diminish a complainant’s recovery for the lost wages.

Loss of Consortium

At case law, the term "consortium" was described as consisting of society, services, as well as sexual
relations. The original case law action was merely accessible to the husband for consortium loss of the wife. There is a division of authority whether minor children have a lawful acknowledged claim for impairment or loss of parental consortium. Damages are computed as the cost of these services.