The final element of a negligence lawsuit is the damages being sought. Damages are what the plaintiff is seeking in recovering for the incident resulting from the negligent act. Compensatory damages are designed to compensate the plaintiff for actual costs incurred. Of those, there are general and special damages. General damages are those like monetary compensation for the injury sustained.
Special damages involve extra items such as material possessions lost from the negligent act.
Nominal damages can also be awarded when negligence can be proven but not an actual loss as a result of it. And finally, punitive damages are those with the intent to punish the defendant. The hope is that awarding punitive damages will deter similar actions in the future. When the negligence lawsuit goes to trial, the judge will determine what the defendant's duty was to the plaintiff. If it is questionable what a reasonable person would do, a jury will consider the facts and render a decision.