Types
of Damages.
If
you have been the victim of personal
injury you may be entitled to damages. Awarded in civil
actions, personal injury damages are monies allotted to
those who have been wrongfully injured by someone else.
Damages
are intended to help the restore the victim physically, emotionally,
mentally, and financially. The two main types of personal
injury damages are compensatory
damages and punitive damages.
A personal injury lawyer can explain these to you in detail,
but here is a brief description:
Compensatory Damages or Actual Damages
Compensatory damages cover all financial expenses and all
ailments associated with personal injury, including:
-
Loss of wages (past, present and future)
- Emotional
distress
- Pain
and suffering (such as grief, fright, anxiety, humiliation,
and depression)
- Permanent
disability
- Mental
impairment
- Earning/Vocational
capacity impairment
- Loss
of profits
- Medical
bills
- Interest
due from money withheld
- Repair
or replacement of property
- Life
Care Expenses (what it will cost to provide a level of expected
medical care)
Punitive
Damages
Often
called exemplary damages, punitive damages are typically awarded
to the plaintiff in addition to compensatory damages when
the defendant's conduct has been especially malicious or oppressive.
Punitive damages are awarded punish the offender and to deter
others from engaging in similar actions.
How
Much You Can Receive in Personal Injury Damages
Personal
injury damages are determined on an individual, case-by-case
basis. The amount is decided by the jury but can be reviewed
by the court. If a judge feels that the amount of damages
is excessive, he or she can order remittitur, a process in
which the punitive damages are reduced without a new trial
or appeal. If a judge feels that the amount of damages is
inadequate, he or she can order additur, whereby punitive
damages are increased without a new trial or appeal.
For
more detailed information on damages click here.
Click
here to view this document as a PDF.
Dan
Chamberlain can help to make sure you are properly compensated
for all applicable damages.
Call now to see how he can help.
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2006 MicroSolutions,
Inc.