Before filing a lawsuit, it is imperative that you put an idea in place on what the case is worth.
There are various buckets of damages to consider when evaluating what your case is worth. Compensatory damages are actual damages caused by losses that plaintiffs experience. While compensatory damages are designed to provide justice through reimbursement after a wrong is committed, punitive damages can be awarded on top of compensatory damages. Punitive damages are available for claims against a defendant not arising from obligations created by a contract. “[W]here the defendant has been guilty of oppression, fraud, or malice, actual or presumed, or in any case of wrongful injury to animals, being subjects of property, committed intentionally or by willful and wanton misconduct, in disregard of humanity, the jury, in addition to the actual damage, may give damages for the sake of example, and by way of punishing the defendant.” SDCL § 21-1-4.1.
