In personal injury law, understanding the damages one can recover is crucial. A person may be entitled to monetary damages through a personal injury lawsuit if they were harmed by the carelessness or deliberate actions of another. These damages fall into two general categories: punitive and compensatory.
Although knowledge of the damages does help, one cannot get through the system without legal assistance. That is why it is recommended to consult the personal injury lawyers from Allen, Allen, Allen & Allen, P.C. With over 10 decades of experience, the firm has established itself as one of the top firms when it comes to personal injury cases. They deal with a wide range of cases, from motor vehicle accidents to workers’ compensation and nursing home abuse.
The sections below talk about compensatory and punitive damages and the differences between them.
Compensatory Damages
Compensatory damages, as the name suggests, are awarded to compensate the injured individual for their losses in an accident as a result of someone else’s negligence. These damages are further categorized into economic and non-economic damages.
Economic Damages
Economic damages are meant to cover tangible financial losses resulting from the injury. These typically include:
- Medical Expenses: Covering past, current, and future medical bills, including hospital stays, surgeries, medication, and rehabilitation.
- Lost Wages: Compensation for income lost because of time missed at work while recovering from the injury.
- Loss of Earning Capacity: If the injury affects your future ability to work, this compensates for diminished earning potential over your lifetime.
- Property Damage: Reimbursement for the purchase or restoration of damaged goods, like a car that has been in an accident.
- Out-of-Pocket Expenses: Including costs for travel to medical appointments, assistive devices, and home modifications to accommodate a disability.
Non-Economic Damages
Non-economic damages address the psychological and emotional toll that an injury has on a person’s life. These damages are more individualized and may consist of:
- Pain and Suffering: Reimbursement for the injury’s physical suffering.
- Loss of Enjoyment of Life: Covering the inability to participate in hobbies, activities, or experiences that brought joy before the injury.
- Emotional Distress: Addressing anxiety, depression, or emotional trauma caused by the accident or injury.
- Loss of Consortium: Reimbursement for the detrimental effects of the disability on a spouse’s or family’s relationship, including missing closeness, affection, or companionship.
The victim’s family may also be eligible for additional compensatory damages in wrongful death lawsuits to compensate for burial expenses and lost companionship.
Punitive Damages
Punitive damages, also known as exemplary damages, differ significantly from compensatory damages.
Punitive damages are granted to hold the offender responsible for their actions rather than to compensate the harmed party. They also work to discourage future instances of the same kind of misconduct. Punitive damages are rarely granted by courts; they are reserved for instances of gross recklessness.
The civil justice system resolves disputes between private parties. Criminal prosecution punishes wrongful acts on behalf of the state and society. Courts avoid blurring these lines.
It must be demonstrated that the defendant meant to cause harm to obtain punitive damages. Someone who unintentionally caused an accident and did not set out to cause harm will likely not be required to pay punitive damages. However, intentionally causing harm or demonstrating gross disregard for the safety of others may lead to punitive damages being awarded.
Conclusion
Punitive and compensatory damages serve distinct purposes in personal injury cases. While compensatory damages aim to restore the injured person to their pre-incident condition, punitive damages are meant to punish the at-fault party.
Suppose you have been harmed by someone else’s behavior. Then it is crucial that you consult with experienced personal injury lawyers so that they can explain your legal rights and your options for seeking compensation.
