Injured by a faulty floor jack

What You Need To Know About Compensatory And Punitive Damages Before You File A Lawsuit

1 April 2016

Mia Little

Many people choose to file personal injury lawsuits to recuperate damages from an accident or dispute they were involved in. In many cases taking legal action may be the most effective way to get what you deserve. The important thing is to recognize how damages are determined in a lawsuit; this will help you be realistic about how much money you get out of the lawsuit. Here is what you need to know about compensatory and punitive damages.

1. Compensatory Damages Will Directly Relate To Damages That You Can Prove To Compensate For Your Injuries

Compensatory damages are designed to provide restitution to the innocent party for their loss of property and injuries. Just as the word implies they are there to compensate the innocent party for their pain and suffering. This means that with compensatory damages you will need to prove why you are asking for each thing.

For instance, you can include your medical bills in the amount of your damages. You will use medical bills, bills for medications, physical therapy, medical supplies and any other medical expense you might have accrued because of the accident.

Other things you can ask for, are lost wages, property damage, even pain and suffering. Pain and suffering can be harder to prove and put a number on. For instance, if you lost a loved one in the accident, there is a loss of life that is priceless. However, the courts can usually assign some sort of number to give you something for your pain. Compensatory damages are awarded in every personal injury lawsuit where one party is found guilty.

2. Punitive Damages Are Awarded To Punish The Guilty Party

Punitive damages are not there to provide compensation for the pain and suffering of the innocent party. Instead, punitive damages are designed to punish the guilty party. Punitive damages are very rare and are only awarded in the most egregious of cases. Generally these kinds of damages are awarded when someone did something so neglectful and wrong that they should be punished additionally. For instance, if you were to sue a large corporation for something terrible they did, the compensatory damages may not have even made a dent in their pocket book. But if a judge decides to add punitive damages, they can choose a number that would really hurt the company for causing such pain on others.

By understanding damages in a personal injury lawsuit you can know what to expect. To learn more, contact a law firm like Terrence Salerno Law Office. 

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