AGGRAVATED DAMAGES Meaning and
Definition
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Aggravated damages refer to a form of compensation awarded by a court in civil litigation cases when the defendant's conduct gives rise to an additional harm, beyond the harm caused by the mere commission of the wrongful act. These damages are designed to compensate the plaintiff for increased suffering or injury resulting from the defendant's particularly malicious, outrageous, or high-handed behavior.
Unlike compensatory damages, which aim to compensate the plaintiff for the direct losses suffered as a result of the defendant's actions, aggravated damages serve a punitive purpose. They are meant to punish the defendant for their reprehensible conduct and to deter them and others from engaging in similar behavior in the future.
To successfully claim aggravated damages, the plaintiff must demonstrate that the defendant's actions were deliberate, malicious, or exhibited a willful disregard for the plaintiff's rights or well-being. This could include cases involving defamation, intentional infliction of emotional distress, or cases where the defendant's conduct exacerbated the plaintiff's physical or psychological injuries.
The amount of aggravated damages awarded can vary significantly depending on the severity and impact of the defendant's misconduct, the harm suffered by the plaintiff, and the jurisdiction in which the case is being litigated. Courts have the discretion to make a reasonable assessment of the appropriate amount to award, taking into consideration the circumstances of the case and the need for deterrence.
In summary, aggravated damages are a type of compensation granted by a court in civil cases as an additional financial remedy to compensate for the increased harm caused by the defendant's malicious or outrageous conduct.
Etymology of AGGRAVATED DAMAGES
The word "aggravated damages" consists of two separate components: "aggravated" and "damages".
The term "aggravated" in this context refers to something that has been intensified or worsened. It originates from the Latin word "aggravāre", which means "to make heavy or burdensome". Over time, "aggravated" has come to be associated with actions or circumstances that exacerbate or make a situation more severe.
The word "damages" refers to the monetary compensation awarded in a civil lawsuit to compensate for a loss or injury caused by another party. The term traces its origins from the Old French word "domage", which means "harm" or "injury". This word came from the Latin word "damnum", which has a similar meaning.
When combined, "aggravated damages" refers to a specific type of compensation awarded in legal proceedings.
