Damages that Can Be Recovered in a Personal Injury Lawsuit

A personal injury lawsuit is filed by a person (or by his or her representative) who suffered an injury caused by negligence of another person. The injury can either be physical or emotional. A personal injury lawsuit aims to determine who is responsible for the injury or damage. Once determined, the one responsible will be required to compensate the injured person for all the losses that he or she sustained.

A person can recover many damages in a personal injury lawsuit. These damages are classified in two kinds, compensatory damages and punitive damages.

What are Compensatory Damages

Compensatory damages are also called actual damages. This is the type of damage that is awarded according to the actual amount of injury or harm suffered by the plaintiff. The concept of compensatory damages is to restore the plaintiff back to the status he or she was before the injury or harm occurred. For example, if a person smashes and destroys your car, the compensatory damages will be more or less equal to the value of your car. These damages are awarded before punitive damages are considered.

There are many types of compensatory damages including vehicle damages, disfigurement, trauma, losses such as loss of affection, pleasure, income, and earning capacity. Medical bills, mental and physical disability, pain and suffering, and property damage are also some of the types of compensatory damages.

What are Punitive Damages

Punitive damages are also known as exemplary damages. Exemplary because its purpose is to make an example of the defendant, and to change his or her malicious behaviour by letting him or her suffer economically. It is to discourage the type of conduct the defendant is engaged in. These damages are only awarded in very rare instances that the defendant is proven to intentionally or maliciously cause an injury or damage.

The conduct of the defendant should be wilful or reckless, and has a purpose or intent to commit a wrongdoing which will result to an injury or harm to another person. To measure the amount of punitive damages that may be awarded, the jury or court must consider the nature of the behaviour of the defendant, and the plaintiff’s loss or injury.

The effects of awarding punitive damages are far more significant than the effects of compensatory awards. Since punitive damages are designed to set an example of the defendant due to his or her inappropriate actions, it deters the future by sending out a message that the consequences for engaging in a certain type of bad conduct are severe.

If you are going to file a personal injury lawsuit, make sure that you receive all damages that should be awarded, it is important that you present all types of damages available. GP

October 18, 2008 | Filed Under Personal Injury Lawsuit 

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