When a personal injury lawsuit is successful, the court may award damages to the plaintiff—that is, the injured party. These damages can take several forms, but they mainly fall into two categories: compensatory and punitive damages. Understanding the differences between these types of damages is critical when navigating a personal injury case.
Before we delve into specifics, it’s important to grasp the concept of damages in legal terms. Damages are monetary awards ordered by the court to be paid to an individual or group as compensation for harm or injury. According to the Austin car accident lawyer at FVF Law, there are three potential types of compensation (or damages): economic, non-economic, and punitive.
Compensatory Damages Explained
Compensatory damages are intended to compensate the plaintiff for actual losses suffered due to the injury. These damages are designed to help the injured party return to their financial state before the injury occurred.
Types of Compensatory Damages
Compensatory damages typically fall under two categories: actual damages and general damages.
Also known as economic damages, actual damages cover financial losses that are easily quantifiable. These include:
- Costs for emergency care, ongoing treatments, surgeries, medications, and therapy.
- The plaintiff is unable to earn income due to the injury.
- The cost of repairing or replacing any property damaged due to the incident.
- Expenses related to physical therapy and other rehabilitation services.
- Any additional costs directly associated with the injury.
General damages, or non-economic damages, are more challenging to quantify and encompass:
- Compensation for the physical pain and emotional distress experienced because of the injury.
- Damages for the inability to enjoy hobbies and other activities.
- Compensation for the impact on the relationship between spouses.
Punitive Damages Explored
Punitive damages, on the other hand, are not compensatory. They are awarded in cases where the defendant’s conduct is found to be especially harmful, and they are meant to punish the defendant for their actions and deter similar conduct in the future.
When are Punitive Damages Awarded?
Punitive damages are not available in all personal injury cases and are typically reserved for situations where the defendant’s actions were willful, malicious, fraudulent, or reckless. An example might be a drunk driving case where the defendant was excessively over the legal limit and caused a severe accident.
While punitive damages are designed to punish the defendant, limits are often placed on the amount that can be awarded. These limits are typically a multiple of the compensatory damages and can vary widely from state to state.
Key Differences Between Compensatory and Punitive Damages
The differences between compensatory and punitive damages can be summarized as follows:
- Compensatory damages aim to reimburse the plaintiff for losses, while punitive damages aim to punish the defendant and deter future misconduct.
- Compensatory damages are based on the plaintiff’s actual losses, while punitive damages relate to the nature of the defendant’s behavior.
- Compensatory damages can be economic or non-economic but are typically quantifiable. Punitive damages are not based on a plaintiff’s loss and are not easily quantifiable.
- Compensatory damages are common and available in nearly all personal injury cases, whereas punitive damages are rare and only given under specific conditions.
When preparing for a personal injury lawsuit, it’s essential to work with an experienced attorney who can help navigate the complexities of the case, including the type and amount of damages to pursue. Understanding the differences between compensatory and punitive damages can aid in setting realistic expectations for the lawsuit’s outcome.
Michael C Vang is a passionate blogger. He has been blogging since 2013 on a variety of topics. He is committed to creating informative and engaging content that helps readers learn more about everything.