The main aim of a personal injury claim is often to prove the negligence of the other party that caused you harm. The plaintiff must prove that the negligence of the defendant caused your injuries or damaged property. Once you have successfully proven this, the amount and types of damages to be awarded are decided. Compensatory or Punitive damages can be compensated.
There are two main types of damages awarded in personal injury cases. Which are compensatory or punitive damages. Described as follow:
1. Compensatory Damages
This type of damages is the monetary compensation rewarded to compensate for the losses and injuries you suffered in an accident caused by the negligence. The objective of these damages is to assist you in restoring the financial state you had before getting involved in the accident. Before all the expenses you had to pay. The compensatory damages are of two types. Economic damages and non-economic damages.
The compensation you will receive for economic damages might include:
- Expenses incurred to receive medical treatments. Which include costs medical services, pharmacy, and emergency services.
- Income loss you had to bear due to the inability of work because of the injuries sustained during the accident. This can include past and future income loss.
- Loss of your property because of the negligence. Which includes clothing, any personal items, vehicle damage, and other possessions that were damaged.
- Legal costs involved. Which include missed work, travel cost, attorney fees, court costs, and any other related fees you had to pay in order to pursue the personal injury claim.
These damages are easy to calculate as all the receipts and payments made by you can be referred to in order to assess the total cost.
These are difficult to calculate since the non-economic damages focus on the impact on the quality of your life after the accident. These include the intangible losses you endured, and may include the following.
- Pain and suffering: the amount of pain you suffered and might have to suffer in the future are considered here. These damages aim to compensate you for the lifestyle changes; inconvenience and suffering you are going through. This also includes any physical disfigurement and impairment.
- Emotional Distress: this includes sleeplessness, anxiety, fear, or other mental and emotional stress which is typically experienced after such accidents.
2. Punitive Damages
These damages may be given to you as a supplement to the compensatory damages. In case another party, like a retailer, manufacturer, mechanic, driver, or an entity is found to be responsible for your accident. The court might decide to award you with punitive charges as a means of giving harsher punishment to the negligent.
However, not all personal injury cases can qualify for these damages, and these damages might not always be awarded by the court. For these damages, the negligent party must have portrayed an intentional or willing disregard towards the health and safety of others. Leading to injuries and other damages.
Compensatory or Punitive damages | Attorney Javier Marcos
It is highly recommended to consult an experienced personal injury lawyer to help you understand the processes involved, and the possible compensatory or punitive damages you will be rewarded for your damages. Call Attorney Javier Marcos for help in your case 24 hrs. Our office is open, you can call anytime. There is no payment unless we win the case. Consultation is always free and we all speak spanish.