What can a plaintiff recover even if they did not suffer actual harm in a battery case?

In the context of battery cases, a plaintiff can recover nominal damages even in the absence of actual harm. Battery is defined as the intentional and unlawful touching of another person, which does not necessarily require the infliction of physical injuries. The concept of nominal damages recognizes that even if the plaintiff has not suffered quantifiable harm, the violation of their personal rights and the wrongful conduct of the defendant still warrants recognition.

Nominal damages serve to acknowledge the wrongdoing and allow the court to uphold the principle that everyone has the right to be free from unwanted touching, regardless of the physical or emotional impact. The amount awarded is typically small, reinforcing the idea that the essence of the claim is grounded in the violation of rights rather than in tangible losses.

Compensatory damages, on the other hand, are awarded to compensate a plaintiff for specific losses, such as medical expenses or lost wages, which presumes that some actual harm has occurred. Punitive damages are intended to punish the defendant for particularly egregious behavior and deter similar conduct in the future, typically requiring a finding of actual harm or wrongful conduct that goes beyond mere battery. Medical expenses also presume that injury was sustained and therefore would not apply if no actual harm was experienced.

Therefore, nominal damages are the