Navigating the legal system after any accident can be confusing, especially if you're unsure about your rights and what kind of compensation you can expect. At Cohen & Marzban, we see these situations every day. It's our job to help people like you understand the complexities of personal injury law and pursue just compensation.
In this post, our experienced personal injury lawyers will explain two important types of damages you may be able to seek after an accident: compensatory and punitive. We'll break down the differences between them and how they can help you get back on your feet.
What’s the Difference Between Punitive and Compensatory Damages?
How do compensatory and punitive damages differ? Let's take a look at some of the key distinctions to give you a better idea of how these types of damages work.
Compensatory Damages
Compensatory damages are meant to help the plaintiff recover financially from the impact of their accident. It's about putting you back in the position you were in before it happened.
If you were in a car accident due to another driver's negligence, you might receive compensation for your medical bills, lost wages, and property damage. The aim is to make you financially whole again.
Punitive Damages
Punitive damages go beyond simply compensating you for your losses. They're about holding the other driver accountable for their actions, especially when those actions were reckless or malicious. The goal is to deter them (and others) from repeating such behavior.
These damages are typically awarded in serious cases where the defendant's behavior was particularly egregious, like intentionally causing harm or acting with reckless disregard for safety.
Compensatory Damages: Helping Accident Victims Move Forward
Compensatory damages provide the financial assistance victims need to recover from the direct impact of their accidents. They're designed to make you whole again, at least as much as possible.
Medical Expenses
Compensatory damages will pay for your medical bills, from doctor's visits and surgeries to follow-up scans and assistive devices. They’ll also cover any long-term care you might need, such as physical therapy, rehabilitation, or medication.
Lost Wages
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You can seek compensation for the pay you lose as a result of not being able to work due to your injuries. This includes lost wages from your current job, as well as any potential income you may have lost due to your inability to pursue future job opportunities.
Pain and Suffering
The term “pain and suffering” refers to the physical and emotional discomfort you experience as a result of the accident. It encompasses effects like pain, anxiety, depression, sleep disturbances, and emotional distress caused by the accident.
Pain and suffering can be a difficult aspect of damages to quantify, but a skilled attorney can help you present a strong case.
Property Damage
If your vehicle or other property was damaged in the accident, you can seek compensation for the repairs or replacement costs. This can include the cost of repairing your car and replacing any personal belongings you’ve lost.
Punitive Damages: Holding Negligent Parties Accountable
You're more likely to be awarded punitive damages if the at-fault party committed actions like the following:
- Intentional harm: You may be eligible for punitive damages if the defendant deliberately caused harm, like driving recklessly or drunk.
- Gross negligence: Even without intent to harm, extremely careless driving, like speeding or texting while driving, can lead to the award of punitive damages.
- Willful misconduct: When a driver knowingly disregards safety rules and acts with reckless indifference to potential harm, it's a strong case for punitive damages.
Punitive damages offer a legal means of holding a wrongdoer accountable for their actions. They’re meant to punish the offending party for their reckless or malicious behavior and send a message that such conduct won't be tolerated.
How Are Punitive Damages Calculated?
There's no exact formula for calculating punitive damages. A judge or jury will look at the severity of the defendant's actions, their financial situation, and the need to discourage similar behavior in the future. If they’re wealthy or their actions were particularly unacceptable, the award will likely be higher.
Punitive Damages and Insurance
It's important to remember that insurance policies don't cover punitive damages — after all, they’re about punishing the defendant, not just repaying the accident victim for your losses. If you're seeking punitive damages, you'll need to pursue them through a separate legal claim against the at-fault party.
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