Proving Damages in a § 1983 Case

Many pro se plaintiffs focus all their energy on proving the constitutional violation and almost none on proving damages. This is a costly mistake. You can win on liability — the jury agrees the officer violated your rights — and still walk away with just $1 in nominal damages because you didn’t prove what the violation actually cost you.

Damages don’t prove themselves. You need evidence.

Types of Damages

Compensatory Damages — What It Cost You

These are meant to make you whole — to compensate for the actual harm you suffered. They fall into two categories:

Economic damages (easy to prove with records):

• Medical bills (ER visits, surgery, physical therapy, medication, ongoing treatment)
• Lost wages (missed work, reduced hours, job loss)
• Property damage (phone, glasses, clothing destroyed during the incident)
• Future medical expenses (if you have ongoing injuries)
• Future lost earnings (if the injury affects your ability to work)

Non-economic damages (harder to prove, often larger):

• Pain and suffering
• Emotional distress (anxiety, depression, PTSD, fear, humiliation)
• Loss of enjoyment of life
• Damage to reputation
• Loss of liberty (time spent in jail)

Punitive Damages — Punishment

Punitive damages punish the defendant for especially egregious conduct and deter future violations. They’re available against individual officers (not municipalities) when the officer’s conduct was motivated by evil intent or showed reckless or callous indifference to your rights.

Nominal Damages — The Consolation Prize

If the jury finds a violation but you haven’t proved actual harm, you get nominal damages — typically $1. This still counts as a “win” and can entitle you to attorney’s fees under § 1988, but it’s not what you’re fighting for.

How to Prove Each Type

Medical Expenses

• Get your medical records. Every ER visit, doctor’s appointment, prescription, and therapy session related to the incident. Request complete records, including billing statements.
• Keep a treatment log. Date, provider, what was treated, what it cost.
• Include future treatment. If your doctor says you’ll need ongoing care, get that in writing. A letter from your treating physician estimating future costs is powerful.

Lost Wages

• Pay stubs before and after the incident showing reduced income.
• Employer letter confirming missed days, reduced hours, or termination.
• Tax returns showing income decline in the year(s) after the incident.
• If self-employed: Financial records showing lost clients or revenue.

Emotional Distress

This is where most pro se plaintiffs fall short. Emotional distress is real, but “I was upset” doesn’t win damages. You need:

• Therapy records. If you sought counseling or psychiatric treatment after the incident, those records are gold. They document your emotional state in real time, written by a professional.
• Your own testimony. Be specific. Not “I was traumatized.” Instead: “I couldn’t sleep for three months. I had nightmares about the arrest. I started having panic attacks when I saw police cars. I stopped going to the grocery store near the police station. My relationship with my spouse suffered because I was constantly anxious and irritable.”
• Testimony from people who know you. Family members, friends, coworkers who can describe how you changed after the incident. “Before this happened, he was outgoing and confident. After, he wouldn’t leave the house.”
• Pre-existing mental health records (if applicable). If you had no history of anxiety or depression before the incident and developed them after, that contrast is powerful.

Loss of Liberty

If you were jailed, even briefly:

• Booking records showing exactly how long you were held.
• Conditions of confinement — what the cell was like, whether you received food and water, whether you had access to medication.
• Your testimony about the experience.
• Courts have held that even a few hours of wrongful imprisonment has compensable value.

Property Damage

• Photos of damaged property.
• Receipts or estimates for replacement cost.
• Police property receipts if items were seized and not returned.

Common Mistakes

Not getting medical treatment

Some people don’t go to the doctor after a police encounter because they can’t afford it, don’t think the injuries are bad enough, or are afraid. The defense will argue: “If you were really hurt, why didn’t you see a doctor?” Go to the ER or urgent care as soon as possible after the incident. If you can’t afford it, go anyway — the medical records are worth more than the bill in the context of your lawsuit.

Not seeing a therapist

Same logic. If the incident caused emotional distress — and it almost certainly did — see a mental health professional. Their records become evidence. Your word alone is less persuasive than a therapist’s clinical notes documenting PTSD symptoms.

Waiting too long

Medical records from the day of the incident are more powerful than records from six months later. Treatment that starts immediately creates a clear connection between the defendant’s conduct and your harm. A gap gives the defense room to argue something else caused your problems.

Not keeping records

Save everything. Every medical bill, every receipt, every letter from your employer, every prescription. Keep a journal documenting how the incident affects your daily life. If you don’t have records, you don’t have proof.

Overstating damages

Be honest. Exaggerating your injuries or emotional distress will destroy your credibility with the jury. If you had a pre-existing condition that was made worse by the incident, say so — aggravation of a pre-existing condition is still compensable. But don’t claim the officer’s conduct caused something it didn’t.

Expert Witnesses

For larger damages claims, consider whether you need an expert witness:

• Medical expert — to explain your injuries, their permanence, and the cost of future treatment
• Vocational expert — to calculate lost future earnings if your ability to work was affected
• Mental health expert — to diagnose PTSD or other conditions and connect them to the incident

Experts cost money, which is a real barrier for pro se plaintiffs. But if your damages are significant, the investment can dramatically increase your recovery. Some experts will work on a deferred-fee basis if they believe in the case.

The Bottom Line

Start building your damages case the day the incident happens. Go to the doctor. See a therapist. Keep records. Save receipts. Write down how it’s affecting you. The constitutional violation gets you in the door — damages are what you take home.