Damages is the final element of a negligence claim and requires that the plaintiff suffered a legally recognizable harm.
On the bar exam, damages questions often focus on whether the plaintiff suffered a real, legally recognizable injury and whether recovery is limited by specific rules. Even if duty, breach, and causation are satisfied, there is no negligence claim without damages.
What Are Damages in Negligence?
Damages refer to the actual harm or injury suffered by the plaintiff.
The harm must be real and measurable—purely speculative or hypothetical injuries are not sufficient.
Types of Damages
Common types of damages tested on the bar exam include:
• Physical injury
• Property damage
• Economic loss
• Pain and suffering
Economic vs. Non-Economic Damages
Economic damages compensate for measurable financial losses, such as medical expenses or lost wages.
Non-economic damages compensate for intangible harms, such as pain, suffering, or emotional distress.
Limits on Recovery
Courts may limit recovery in certain situations:
• Pure economic loss may not be recoverable in negligence without accompanying physical harm
• Damages must be reasonably certain and not speculative
• Plaintiffs have a duty to mitigate damages
How Damages Are Tested on the Bar Exam
Damages is often tested as a threshold issue. If the plaintiff cannot show actual harm, the claim fails—even if all other elements are satisfied.
On essays, clearly identify the type of harm and whether it is legally recognizable. On multiple-choice questions, watch for fact patterns involving speculative or purely economic losses.