When Courts Award Nominal Damages in California Cases

People usually think a lawsuit only makes sense if there are significant medical bills, lost wages, or other measurable losses. But California law also recognizes situations where a person’s legal rights were violated even though the financial harm is minimal or difficult to prove. That is where nominal damages can come in.

This guide explains when nominal damages are awarded, what a plaintiff generally must prove, how nominal damages differ from other types of damages, and why they can still matter—especially in disputes involving wrongdoing, intent, or requests for court orders.

Quick decision factors: Is a nominal damages award likely?

• Was a legal right violated? Nominal damages are about recognizing a proven violation even when loss is small or unproven.
• Can you prove actual damages? If you can prove medical expenses, repair costs, wage loss, or other measurable harm, nominal damages are usually unnecessary.
• Is the claim a type that permits nominal damages? They commonly arise in intentional torts and certain civil rights-type claims; they are less common in typical negligence-only injury cases.
• Is causation disputed? If the wrong occurred but causation of substantial harm is unclear, a judge or jury may still find liability and award nominal damages.
• Is the harm real but hard to quantify? In some cases, actual harm exists but the evidence is too uncertain for a dollar figure; nominal damages may be used instead.
• Are you seeking punitive damages or an injunction? Nominal damages can serve as a predicate to establish liability, which may affect other remedies (depending on the claim).
• Is it mainly a rights-based case, not a “bills” case? Trespass, privacy invasions, and some constitutional or statutory claims may focus on the violation itself.
• Did the defendant raise defenses that reduce value? Comparative fault, mitigation issues, or lack of documentation can shrink provable damages and increase the chance of a nominal award.

What “nominal damages” means (and what it does not)

Definition

Nominal damages are a small monetary award given when a plaintiff proves liability—meaning the defendant violated a legal right—but the plaintiff does not prove substantial, measurable loss. The amount is typically minimal and is meant to recognize the wrong, not to compensate for major injury.

What nominal damages are meant to do

• Confirm liability: A formal finding that the defendant committed a legal wrong (for example, trespass or violation of a protected right).
• Recognize a rights violation: Even if there’s no large financial harm tied to it.
• Support certain remedies in the right case: Depending on the cause of action, establishing liability can matter for injunctions, declaratory relief, or fee-shifting statutes.

What nominal damages are not

• Not “pain and suffering damages” by another name: Non-economic damages compensate for actual harm (pain, emotional distress, loss of enjoyment). Nominal damages do not.
• Not automatic: You must still prove the elements of the claim (duty/intent, breach, causation where required, and the violation itself).
• Not a substitute for evidence: If you have actual damages, you typically want to prove them with records, receipts, testimony, and expert support where needed.

When nominal damages are commonly awarded in California

Nominal damages usually show up where a plaintiff can prove a wrongdoing but cannot prove a specific dollar amount of loss. In California, that most often happens in cases involving:

1) Intentional torts where the wrong itself is actionable

Some claims focus on the invasion of a right rather than a balance-sheet loss. Examples can include:

• Trespass to land: An unauthorized entry can be a legal wrong even if it caused no visible damage.
• Battery without significant injury: Harmful or offensive touching may support liability even if medical treatment wasn’t needed.
• False imprisonment (brief detention): Confinement can be actionable even if economic loss is not provable.

2) Cases where liability is proven but causation of significant harm is not

In some disputes, the plaintiff proves the defendant acted wrongfully, but the evidence does not reliably connect that conduct to substantial injury or financial loss. In that situation, the factfinder may award nominal damages to reflect the proven violation.

3) Statutory or civil rights-type claims (depending on the statute)

Certain statutes allow recovery even when damages are small, and some legal theories allow nominal damages to recognize a rights violation. Whether nominal damages are available—and whether attorney’s fees can be recovered—depends heavily on the specific statute or claim type. The details matter: the cause of action, available remedies, and proof requirements must be analyzed carefully.

4) Defamation-type disputes where actual loss can’t be shown (fact-specific)

Some reputational harm scenarios involve complex proof. Whether nominal damages are available will depend on the legal theory and the evidence. Many defamation cases raise additional requirements and defenses, and damages can be subject to special rules.

5) Contract disputes where breach is proven but loss is not

Although this article assumes a California personal injury context, nominal damages are often discussed most clearly in contract law: if a breach is proven but no actual damages are shown, nominal damages may be awarded. This concept can help people understand the “rights violation without proven dollars” idea, even if their situation is primarily tort-based.

When nominal damages are less likely (or not the main issue)

In many California personal injury cases—car accidents, slip and falls, dog bites—actual damages (medical bills, lost income, future treatment needs, pain and suffering) are the core of the case. If someone was truly injured and treatment records exist, a nominal award is usually not the goal.

Nominal damages become more likely when:

• Injury is minimal and there is little to document.
• Medical treatment is delayed or nonexistent, making causation harder to prove.
• Alternative causes for symptoms are strongly supported by the evidence.
• Proof problems exist (missing witnesses, unclear surveillance video, inconsistent statements).

What changes outcomes: key proof issues that push a case toward nominal damages

Proof of actual harm

To recover compensatory damages, a plaintiff generally needs evidence of loss—medical records, invoices, wage documentation, repair estimates, or credible testimony about non-economic harm. When that evidence is thin or disputed, a jury might still find the defendant “did something wrong” but award only a nominal amount.

Causation disputes

California cases often turn on whether the defendant’s conduct was a substantial factor in causing the harm. If the factfinder believes the wrongful act occurred but is not convinced it caused the claimed injury (or not convinced of the amount), nominal damages may be the fallback.

Mitigation and credibility issues

Even when an injury exists, the defense may argue the plaintiff failed to mitigate damages (for example, ignoring medical advice) or that the plaintiff’s description of symptoms is inconsistent. Those issues can reduce an award—and in extreme cases can leave only a nominal recovery if liability is found but damages are not proven.

Comparative fault

California follows comparative negligence in many tort cases. If a plaintiff is found partly at fault, damages can be reduced proportionally. In some edge cases, a case can end with a finding of fault but very limited recoverable damages after reductions and proof issues.

Nominal vs. compensatory vs. punitive damages

Understanding how nominal damages fit into the bigger picture helps avoid unrealistic expectations.

Compensatory damages

These are intended to reimburse actual losses. In personal injury, that typically includes:

• Economic damages: medical expenses, lost wages, property damage, future care costs.
• Non-economic damages: pain, suffering, emotional distress, inconvenience, loss of enjoyment of life.

Nominal damages

These acknowledge a proven legal wrong without a proven measurable loss. They are typically small by design and are not meant to “make the plaintiff whole.”

Punitive damages

Punitive damages are meant to punish and deter especially harmful conduct (often involving malice, oppression, or fraud). They are not awarded in ordinary negligence cases. Whether punitive damages are legally available can depend on the cause of action and the evidence of the defendant’s state of mind.

Important: In some contexts, nominal damages can help establish that a legal wrong occurred, which may be relevant to whether other remedies can be considered—but it does not automatically mean punitive damages will be awarded.

Decision checklist table: What to evaluate before pursuing nominal damages

If/Then guidance: How nominal damages fit your situation

• If you can prove medical treatment, wage loss, or other measurable harm, then your focus is typically compensatory damages—not nominal damages.
• If you can prove someone violated your rights (for example, intentional improper contact or an improper entry onto property) but you can’t prove a dollar loss, then nominal damages may be appropriate.
• If liability is clear but causation of your claimed injuries is disputed, then a nominal award becomes more realistic as an outcome risk.
• If the case involves a statute that provides specific remedies (and possibly attorney’s fees), then the statute’s language and requirements will largely control what is recoverable.
• If your main goal is stopping conduct going forward, then talk to counsel about injunctive relief and whether a nominal-damages finding would help support that remedy.

Example scenario (hypothetical)

Hypothetical: A delivery driver steps several feet onto a homeowner’s property past a clearly closed gate to leave a package near the front door. There is no property damage. The homeowner sues for trespass. The homeowner proves the entry was unauthorized, but cannot prove any repair costs, lost money, or measurable harm. A court could find the homeowner’s legal right to exclusive possession of property was violated and award nominal damages to recognize that violation.

Why this matters: The nominal award isn’t about “getting paid” for a major loss. It’s about establishing that the conduct was wrongful under the law. In some disputes, that formal recognition can affect future behavior, settlement posture, and related remedies (depending on the claim).

How insurers and defendants often respond

Nominal damages are not usually an insurance-company talking point in standard injury claims, because insurers tend to focus on whether an injury is documented and whether treatment is reasonable and related. But in cases where nominal damages might be in play, you’ll often see these defense themes:

• “No harm, no foul” framing: Arguing that even if something happened, it wasn’t damaging in any practical way.
• Causation challenges: Pointing to pre-existing conditions, gaps in treatment, or alternative explanations.
• Disputing intent or unlawfulness: For intentional torts, contesting whether the conduct meets the legal elements (consent, privilege, mistake, reasonableness).
• Minimizing non-economic harm: Suggesting there’s no credible emotional distress or impact beyond irritation.

Why nominal damages can still matter

Even though nominal damages are small, they can have real-world importance in the right context:

• Accountability: A finding of liability can matter to a plaintiff seeking recognition of wrongdoing.
• Leverage in resolving broader disputes: Establishing a violation can shift how each side views risk.
• Foundation for other remedies: Depending on the cause of action, proving a violation can be relevant to equitable remedies or statutory consequences.
• Record clarity: In some conflicts, parties care about having a court decision that clarifies rights and responsibilities.

Practical tips if nominal damages are on the table

Document the violation thoroughly

When the dollar loss is small, the proof of the wrong becomes the heart of the case. Helpful items include:

• Photos, video, timestamps, and location data (when available)
• Witness names and contact information
• Preserved communications (texts, emails, messages)
• Incident reports or security logs

Be realistic about objectives

If you’re pursuing a matter where you expect only nominal damages, consider what you actually want: a formal determination, an apology, behavior change, or a court order to stop conduct. That can influence strategy.

Don’t ignore timing and procedure

Even “small damages” disputes can involve deadlines (including statutes of limitations), formal pleadings, discovery obligations, and evidence rules. Missing deadlines or mishandling evidence can undermine the case.

Understand that fees and costs are a separate question

People often assume “winning” means the other side pays attorney’s fees. In California, fee recovery depends on contracts, statutes, and specific rules. A nominal-damages result does not automatically mean fees are recoverable.

FAQ

Are nominal damages the same as “symbolic damages”?

Answer: They’re often used interchangeably in everyday conversation. In court, “nominal damages” is the standard term for a small award recognizing a proven violation without proven compensable loss.

Can I get nominal damages in a car accident case?

Answer: It’s possible but not common as the goal. Auto cases usually focus on proving actual damages (medical treatment, wage loss, repairs). Nominal damages are more likely if liability is found but injury causation or damages proof fails.

Do nominal damages mean I “won” my case?

Answer: Usually yes on liability, but not necessarily in a practical sense. A nominal award typically reflects a finding of wrongdoing without meaningful compensation.

Can nominal damages lead to punitive damages?

Answer: Not automatically. Punitive damages require additional proof (and are not available in every type of case). Nominal damages may establish a violation, but punitive damages depend on the claim and evidence of qualifying misconduct.

If I didn’t see a doctor, does that mean I’ll only get nominal damages?

Answer: Not necessarily, but it can make damages harder to prove. Lack of treatment can make it difficult to document injury and causation, increasing the risk a factfinder awards little or nothing beyond a nominal amount.

Can nominal damages be more than a trivial amount?

Answer: They are generally minimal by design. The purpose is recognition of a violation, not compensation for a measurable loss.

Talk to a California attorney about how damages could work in your case

If you’re dealing with a situation where you believe your rights were violated—whether or not you have large bills—an experienced attorney can help you evaluate what damages may be available, what proof is needed, and whether other remedies (like injunctive relief) might fit your goals. You can request a consultation through CallJacob.com with Jacob Emrani’s team to discuss the facts and options.

Disclaimer: This article is for general educational information only and does not constitute legal advice. Laws and outcomes depend on specific facts, claims, and procedural rules. If you need guidance, consult a qualified California attorney about your particular situation.