What Are Personal Injury Damages?
There are two main types of personal injury damages, Punitive and Compensatory damages. These damages are monies allotted to those who have been wrongfully injured by someone else. Damages are intended to help restore the victim physically, emotionally, mentally and financially. Based on your case, your qualified and committed attorney will be able to determine what damages you should seek. Your attorney will be able to define these damages more in-depth, but here is brief overview:
- Compensatory Damages, which are also called “actual damages,” cover all financial expenses and all ailments associated with the personal injury, including:
- Loss of wages
- Emotional distress
- Pain and suffering (such as grief, fright, anxiety, humiliation, and depression)
- Permanent disability
- Mental impairment
- Earning capacity impairment
- Loss of profits
- Medical bills
- Interest due from money withheld
- Repair or replacement of property
- Punitive Damages, which are also called “exemplary 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 to punish the offender and to deter others from engaging in similar actions.
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 “remitittur,” 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.
