The basic idea behind damages is that the plaintiff should be restored—in the form of money—to his or her original position before the negligence occurred. Courts allow plaintiffs to collect for medical bills, lost wages, pain and suffering, and other losses.

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Generally courts will require that these damages be reduced to the present value of the claim. This means that the judgement should be reduced by the jury to account for any reasonable investment the person would do with the money. Compensatory damages are not taxed by the court. Attorney fees however cannot be collected against the loser of the case, unless a statute would permit it. This last rule is known as the American Rule.

Elements of Negligence