- advisor
- Legal
Advertiser Disclosure
Christy Bieber, J.D.Contributor
Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has...
See Full Bio
Christy Bieber, J.D.Contributor
Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has...
See Full Bio
Written By
Christy Bieber, J.D.
Christy Bieber, J.D.Contributor
Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has...
See Full Bio
Christy Bieber, J.D.Contributor
Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has...
Contributor
Adam Ramirez, J.D.editor
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.After law school, Adam and spent two years clerking for a U.S. District Co...
See Full Bio
Adam Ramirez, J.D.editor
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.After law school, Adam and spent two years clerking for a U.S. District Co...
See Full Bio
Adam Ramirez, J.D.
Adam Ramirez, J.D.editor
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.After law school, Adam and spent two years clerking for a U.S. District Co...
See Full Bio
Adam Ramirez, J.D.editor
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.After law school, Adam and spent two years clerking for a U.S. District Co...
See Full Bio
Reviewed
& 1 other
Updated: Feb 23, 2023, 7:21pm
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Getty
Table of Contents
- Definition of Nominal Damages
- How Much Are Nominal Damages?
- Examples of Nominal Damages
- Why Would a Plaintiff Bring a Claim for Nominal Damages?
- Frequently Asked Questions (FAQs)
Show more
In most civil lawsuits, a plaintiff sues because they have sustained financial loss. The purpose is to recover monetary compensation for things like lost income or pain and suffering a plaintiff endured as a result of the defendant’s actions.
In some cases, however, a plaintiff’s rights are violated, but there’s no actual economic damage done despite that violation. In these types of cases, the plaintiff might win their case and be awarded nominal damages only.
This guide defines what exactly are nominal damages and explains when and how nominal damages work in civil cases.
Definition of Nominal Damages
Nominal damages refer to a small sum of money awarded to a plaintiff to commemorate the fact the plaintiff won their civil case in court. These damages are awarded when a plaintiff proves that their legal rights have been violated but does not demonstrate they are actually entitled to receive monetary compensation. Simply put, it is a trivial sum of money awarded to a plaintiff.
Nominal Damages vs. Compensatory Damages
Compensatory damages are damages a plaintiff receives after winning most civil claims. These damages are intended to pay a plaintiff for economic and non-financial losses that happened because the defendant violated the plaintiff’s rights in some way.
Compensatory damages might include payment for medical bills, lost wages, pain and suffering and emotional distress caused by a defendant’s wrongdoing in a personal injury claim. Or a plaintiff may receive compensatory damages equal to the actual financial loss resulting from the defendant breaching a contract.
Compensatory damages can range from thousands to millions of dollars depending on the extent of a plaintiff’s loss.
If a plaintiff is able to show the defendant violated their legal rights but cannot provide evidence of losses due to the violation, they are not able to receive compensatory damages. After finding for the plaintiff, the court will order nominal damages in these situations.
How Much Are Nominal Damages?
Nominal damages are a small or trivial sum because the purpose is not to make the plaintiff whole for a financial loss but rather to provide acknowledgement that the plaintiff won their case. In most instances, nominal damages total $1.
Sometimes, the sum can be a little bit more. For example, an Ohio court awarded $100 in nominal damages in a case (Fisher v. Barker) arising out of improper entry into a tenant’s residence.
Nominal Damages and Legal Fees
It can cost money for a plaintiff to sue a defendant. Sometimes, when the court finds for the plaintiff and awards nominal damages, the court will also order the defendant to pay the plaintiff’s legal fees.
Since legal fees can total tens of thousands of dollars (or more), this could result in a defendant being ordered to pay $1 in nominal damages and a sum many times that amount in legal fees.
Not all states allow for the court to order a defendant to pay legal fees in a case where a plaintiff is awarded nominal damages. The 1992 Supreme Court case Farrar v. Hobby indicated doing so might be unconstitutional, and states that prohibit this type of award often point to that case as justification.
Examples of Nominal Damages
There are many examples of situations where a court might award nominal damages to a plaintiff. Looking at some of these examples can help you to better understand the definition of nominal damages.
One example is in a defamation case where a plaintiff proves a defendant made a false statement of fact about them to a third party that damaged their reputation–but is unable to prove they lost any wages or business opportunities or that they sustained other economic or non-financial damages.
Another example is a breach of contract case where a defendant did in fact fail to live up to the terms of a signed agreement, but the plaintiff didn’t show this failure actually caused them harm in any way.
Why Would a Plaintiff Bring a Claim for Nominal Damages?
A plaintiff might bring a claim that results in nominal damages for a number of reasons, including the following:
- The plaintiff is unaware they won’t be able to successfully prove damages during the course of the case.
- The plaintiff wants the vindication of a court win, even if they know they will not receive monetary payment for any losses.
- The plaintiff is standing up for some important principal, regardless of the fact that they did not suffer compensable damages.
- The plaintiff wants to try to recover punitive damages against the defendant, which are not designed primarily to compensate the victim for actual loss but instead to punish a defendant and deter similar future behavior
Anyone who is considering filing a lawsuit should talk with an attorney about whether they are likely to be awarded compensatory damages or nominal damages if they prevail. If only nominal damages are likely, the plaintiff should consider whether the satisfaction of a court verdict without financial compensation is worth the time and expense involved in pursuing a civil case.
Frequently Asked Questions (FAQs)
Are nominal damages actual damages?
Nominal damages are awarded only in circ*mstances where a court has determined a plaintiff didn’t really suffer any type of financial loss despite being wronged. Actual damages, on the other hand, are compensation for actual financial loss a plaintiff experiences and are paid after prevailing in a civil claim.
What is an example of nominal damages?
An example of nominal damages is a situation where a defendant breached a contract and failed to fulfill the terms of the agreement, but the plaintiff wasn’t harmed by this failure. The plaintiff could sue for breach of contract but since no damages occurred, they would likely be awarded only nominal damages even after demonstrating the breach happened.
Why are nominal damages awarded?
Nominal damages are awarded to recognize that a plaintiff did have their rights violated by a defendant and that the plaintiff successfully proved this in court. They are awarded instead of compensatory damages in circ*mstances where a plaintiff is not able to demonstrate they suffered actual financial loss as a result of the defendant’s misconduct.
Was this article helpful?
Send feedback to the editorial team
Thank You for your feedback!
Something went wrong. Please try again later.
California Personal Injury Lawyers
- Los Angeles Personal Injury Lawyers
- San Francisco Personal Injury Lawyers
- San Diego Personal Injury Lawyers
- San Jose Personal Injury Lawyers
- Sacramento Personal Injury Lawyers
- Anaheim Personal Injury Lawyers
- Bakersfield Personal Injury Lawyers
- Santa Ana Personal Injury Lawyers
Texas Personal Injury Lawyers
- Dallas Personal Injury Lawyers
- Houston Personal Injury Lawyers
- Austin Personal Injury Lawyers
- San Antonio Personal Injury Lawyers
- Fort Worth Personal Injury Lawyers
- El Paso Personal Injury Lawyers
- Arlington Personal Injury Lawyers
- Corpus Christi Personal Injury Lawyers
Other States' Personal Injury Lawyers
- NYC Personal Injury Lawyers
- Chicago Personal Injury Lawyers
- Atlanta Personal Injury Lawyers
- Philadelphia Personal Injury Lawyers
- Las Vegas Personal Injury Lawyers
- Phoenix Personal Injury Lawyers
- Seattle Personal Injury Lawyers
- Boston Personal Injury Lawyers
- Indianapolis Personal Injury Lawyers
- Baltimore Personal Injury Lawyers
Lawsuits & Settlements
- How To Sue Someone
- Personal Injury Lawsuit
- Wrongful Death Lawsuit
- Slip and Fall Lawsuit
- Personal Injury Settlement Amounts
- Injury Compensation
- How To Start A Class Action Lawsuit
- Suing for Emotional Distress
- Punitive Damages
- Florida Statute of Limitations
- California Statute of Limitations
- What Is A Structured Settlement?
- Dog Bite Lawsuit Guide
- Slander Lawsuit Guide
- What Is A Catastrophic Injury?
Liability & Negligence
- What Is Negligence?
- Contributory Negligence
- Reasonable Person Standard
- Strict Liability
- Vicarious Liability
- Breach of Duty
- What Is Comparative Negligence?
- Assumption Of Risk In Personal Injury Claims
- What Are Intentional Torts?
- What Is Recklessness?
- What Is Property Damage?
- What Is Tort Reform?
- What Is Premises Liability?
More from
Information provided on Forbes Advisor is for educational purposes only. Your financial situation is unique and the products and services we review may not be right for your circ*mstances. We do not offer financial advice, advisory or brokerage services, nor do we recommend or advise individuals or to buy or sell particular stocks or securities. Performance information may have changed since the time of publication. Past performance is not indicative of future results.
Forbes Advisor adheres to strict editorial integrity standards. To the best of our knowledge, all content is accurate as of the date posted, though offers contained herein may no longer be available. The opinions expressed are the author’s alone and have not been provided, approved, or otherwise endorsed by our partners.
Advertising paid for by participating attorneys in a joint advertising program, including attorneys licensed to practice law only in California. A complete list of joint advertising attorneys can be found here.
Christy Bieber, J.D.
Contributor
Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.
