What Are Nominal Damages in Florida? Definition, Examples, and When They Apply

Hollywood Car Accident Lawyer | Daniel B Reinfeld, PA

Written and reviewed by Daniel B. Reinfeld, Esq. | Last updated October 28, 2026

Nominal damages are a small, token sum of money, often one dollar, that a court awards when a plaintiff proves a legal right was violated but cannot prove any actual loss. They do not compensate you for injuries or bills. They declare that the defendant was in the wrong. In a Florida personal injury case, they are rare, because negligence requires real damage.

What are nominal damages?

Nominal damages are damages in name only. The word "nominal" means "in name." A court awards them to recognize that the plaintiff's legal right was violated when there is no provable financial or physical harm to compensate.

The United States Supreme Court described the rule in Uzuegbunam v. Preczewski (2021): a party whose rights are invaded can always recover nominal damages without furnishing any evidence of actual damage. The Court called them the damages awarded by default until the plaintiff establishes entitlement to some other form of damages, and it rejected the idea that they are merely symbolic, because they are paid to the plaintiff.

How much are nominal damages?

Usually one dollar. There is no fixed number, but the amount has to be small enough to fit the label. In Prestige Gallery, Inc. v. Napleton (Fla. 1st DCA 2019), a jury was told it could award nominal damages and returned $80,000. The appellate court reversed, holding that a court may not award a legally excessive amount of nominal damages when the jury was not permitted to award compensatory damages.

The lesson is practical. Nominal damages are a recognition, not a payout. A plaintiff who hopes to recover real money has to prove real damages.

When does a court award nominal damages?

A court awards nominal damages when a plaintiff proves a violation but proves no actual loss. The violation is what makes the claim succeed, and the missing proof of loss is why the award is small.

The usual settings are breach of contract, where a party broke a promise but the other side cannot prove it lost money, and intentional torts such as trespass, battery, or assault, where the wrong is complete even if no one was physically harmed. They also arise in civil rights and constitutional claims. In Uzuegbunam, the Court held that a request for nominal damages satisfies the redressability element of standing when the claim is based on a completed violation of a legal right, so a plaintiff can sue over a past violation even though nothing further can be compensated.

What is an example of nominal damages?

A contractor agrees to build a deck, walks off the job, and the homeowner hires a replacement for the same price. The contractor breached the contract, but the homeowner lost nothing, so a court could award nominal damages. A person who walks across your land without permission and does no damage has trespassed. A person who raises a fist at you and never touches you may have committed an assault with no physical injury.

In each example the plaintiff is right about the violation and cannot show a dollar of loss. The award says so.

Can you get nominal damages in a Florida personal injury case?

Rarely, because a negligence claim requires actual damage. To win a Florida negligence case, the plaintiff must prove a duty, a breach, causation, and damages. If the jury finds no injury, the plaintiff loses. If the jury finds a small injury, the award is a small amount of real compensation, not nominal damages.

That is the difference between the two ideas. Compensatory damages repay a proven loss: medical bills, lost wages, and pain and suffering. Nominal damages recognize a violation without any proven loss. Intentional torts, such as a battery that leaves no lasting injury, are where a personal injury plaintiff is most likely to see nominal damages.

Do not confuse nominal damages with a low offer. When an adjuster calls a claim "minor" or offers a few thousand dollars on a soft tissue injury, that is a negotiating position about compensatory damages. It has nothing to do with nominal damages, and you are not required to accept it.

What are the other types of damages?

Florida civil cases use three main types: compensatory, punitive, and nominal. Compensatory damages cover economic losses, such as medical expenses and lost income, and non-economic losses, such as pain and suffering. Punitive damages punish especially bad conduct and are limited by statute. Nominal damages recognize a violation with no proven loss.

Plaintiffs sometimes ask for nominal damages to keep a claim alive when the proof of loss is thin, or to pursue a punitive damages claim. Whether a nominal award can support punitive damages depends on the claim and the court, so no one should plan a case around that assumption.

Does winning nominal damages make you the prevailing party?

It can, and that carries cost consequences. A plaintiff who recovers any judgment, even one dollar, may be treated as the winner for taxable court costs. But a nominal win usually does not cover the expense of getting there, and attorney's fees are recoverable only when a statute or contract provides for them.

The risk runs the other way too. Florida's proposal for settlement statute, section 768.79, can shift attorney's fees to a plaintiff who rejects a reasonable defense offer and then recovers a judgment that falls well below it. A nominal verdict after a rejected offer is the textbook setup for that fee exposure. This is a real reason to have a lawyer evaluate every offer before you reject it.

Why would anyone sue for nominal damages?

People sue for nominal damages to vindicate a right, to establish that the law was violated, or to preserve a claim when the loss is hard to prove. In civil rights and speech cases, the violation itself is the injury. In contract disputes, a finding of breach can matter for other reasons, such as a fee clause or a later dispute.

In most injury cases, though, nominal damages are not a goal. They are what you get when the evidence of harm fails. A lawyer builds a personal injury case on proof of damages: treatment records, bills, doctor testimony, and your own account. My articles on what a plaintiff is in Florida and what a deposition is in Florida explain what that proof looks like.

Frequently Asked Questions

What are nominal damages in simple terms?

Nominal damages are a token amount of money, often one dollar, awarded when a plaintiff proves a legal right was violated but cannot prove an actual loss.

How much are nominal damages?

Usually one dollar. A court may not let nominal damages grow into a large award, and a Florida appellate court reversed an $80,000 nominal award as legally excessive in Prestige Gallery, Inc. v. Napleton (Fla. 1st DCA 2019).

What is the difference between nominal and compensatory damages?

Compensatory damages repay proven losses, such as medical bills, lost wages, and pain and suffering. Nominal damages recognize that a right was violated when no loss is proven.

Are nominal damages available in a negligence case?

Rarely. Negligence requires proof of actual damage, so a plaintiff who proves no injury generally loses, and a plaintiff who proves a small injury receives a small compensatory award.

Can you get nominal damages for breach of contract?

Yes. When a party breaks a contract but the other side cannot prove it lost money, a court may award nominal damages for the breach.

Do nominal damages mean I won?

They mean the court found a violation. You may be treated as the prevailing party for costs, but a nominal award usually does not cover the expense of the case, and attorney's fees are available only under a statute or contract.

Is a low settlement offer the same as nominal damages?

No. A low offer is a negotiating position on compensatory damages. Nominal damages are a court's token award when no loss is proven.

Do nominal damages apply to PIP claims?

No. PIP is no-fault insurance that pays medical bills and a portion of lost wages up to policy limits, and it does not award damages for a violation.

Call Today. Discuss Your Damages Directly With Dan

What your case is worth depends on the proof of harm. When you call Daniel B. Reinfeld, PA, you speak directly with Dan, not a call center, and he handles your case personally. Dan has practiced law in Florida for more than 25 years and spent years defending insurance claims before representing injured people, so he knows how the other side values damages. Consultations are free, and there is no fee unless we recover for you. Dan meets by phone, Zoom, at the hospital, or at your home, with evening and weekend appointments available.

Call (954) 923-6110 or email dan@reinfeldlaw.com.

Hollywood office: 2450 Hollywood Boulevard, Suite 706, Hollywood, FL 33020. Open Monday through Friday, 9:00 a.m. to 5:00 p.m., with 24/7 live telephone answering. Fort Lauderdale consultations by appointment at 110 SE 6th Street, Suite 1700, Fort Lauderdale, FL 33301.

Related guides: What is a plaintiff in Florida, What is a deposition in Florida, What is an IME in Florida, Hollywood car accident lawyer.

Sources: Uzuegbunam v. Preczewski, 592 U.S. ___ (2021) (Cornell LII); Prestige Gallery, Inc. v. Napleton, 2019 Fla. App. LEXIS 16061 (Fla. 1st DCA 2019); Section 768.79, Florida Statutes (Offer of judgment).

This article provides general information about Florida damages law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and you should speak with a lawyer about your situation.

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