Actual Damages


Definition of Actual Damages

Awarding actual damages is a financial recompensation for damage that was actually incurred. An example is the cost of replacing a mailbox that a person knocked over that belongs to someone else. The actual damages will be calculated on what the replacement value of the item is at current market value.



Actual Damages Explained

It is usual for the court to take two estimates and award an amount that is equal to the average between the two figures. Some courts will take the higher estimate instead of initiating any punitive damages.