What type of financial compensation is a victim entitled to in a personal injury claim?
There are three types of damages which may be awarded in a personal injury claim: Compensatory: The term “compensatory damages” is derived from the word “compensate”; this type of damage is designed to “make the plaintiff whole” or put the plaintiff back into the same position he or she was in before the injury occurred. There are two subcategories of compensatory damages:
1. Actual damages-seek to reimburse the plaintiff for out-of-pocket losses incurred, or financial losses. Examples include medical and hospitalization expenses, loss of wages, costs of additional household help or nursing care, rental car expenses, and cost of repairing or replacing damaged property.
2. General damages-damages which may be difficult to document in dollars expended. Examples include pain and suffering, disfigurement, mental anguish/emotional distress, loss of consortium (loss of the benefits of a relationship), lost opportunity, the value of future medical expenses likely to be incurred, and the value of wages the plaintiff is likely to lose in the future.
Punitive: Punitive damages are not based on the actual injury sustained; this type of damage is designed to punish the defendant for intentional conduct or conduct so reprehensible that a civil court penalty is warranted to deter the defendant from committing the same act again in the future.
Nominal damages: Nominal damages are minimal damage awards acknowledging that the plaintiff was legally wronged, while at the same time acknowledging a lack of evidence establishing that the plaintiff suffered actual damages. Nominal damages generally involve very small amounts of damages, and are only awarded in cases where actual injury is not required to be established, such as with intentional torts. |
