Aggravated damages: Overview, definition and example
What are aggravated damages?
Aggravated damages are compensation awarded in a lawsuit to address emotional distress, humiliation, or harm caused by a defendant’s particularly offensive or malicious behavior. They go beyond standard damages, which typically compensate for financial losses, focusing instead on the added suffering or injury caused by the way the wrongful act was carried out.
Why are aggravated damages important?
Aggravated damages are significant because they recognize and address the emotional or psychological harm caused by a defendant’s actions. These damages are intended to provide relief to the injured party for distress or humiliation, especially when the defendant’s behavior was deliberate, malicious, or showed blatant disregard for the plaintiff’s dignity. By holding defendants accountable for the harm they caused beyond financial loss, aggravated damages also serve as a deterrent, discouraging others from engaging in similar conduct.
Understanding aggravated damages through an example
Imagine an employer publicly fires an employee in front of their coworkers, falsely accusing them of theft without any evidence. The employee not only loses their job but also suffers significant emotional distress and damage to their reputation.
If the employee sues and the court finds the employer’s actions were intentionally humiliating and malicious, they may award aggravated damages. These damages compensate the employee for the additional harm caused by the way the wrongful act was carried out, beyond just the financial loss of losing their job.
An example of an aggravated damages clause
Here’s a sample clause you might find in a legal context:
“The defendant may be liable for aggravated damages if their actions are found to have caused significant emotional distress, humiliation, or harm to the plaintiff, in addition to the financial losses incurred.”
Conclusion
Aggravated damages are a way for courts to address the added harm caused by particularly egregious or malicious behavior. They go beyond financial compensation, recognizing the emotional and psychological toll that wrongful acts can have on a person.
For businesses, understanding the concept of aggravated damages highlights the importance of acting responsibly and treating others fairly to avoid these additional liabilities.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.