Calculating damages for real property losses can be complex and confusing. The concentration of this article is to emphasize the importance of the party defending a case alleging damages to one’s property to consider all available measures of damages available by law to determine the most cost-effective approach to making the injured party whole, without allowing for a windfall.
The economic reality in restoring the injured party’s property to its original condition requires a balance be achieved in equity considering both the “at-fault” party who has damaged another’s property and the person’s property that was damaged. To promote fairness and equity, the construction of the award should be governed based upon a reasonable award of a sum of money which sufficiently compensates the injured party without unconscionably burdening the wrongdoer.1
