The Difference Between Compensatory and Punitive Damages in Personal Injury Cases
If you’re hurt in an accident due to someone else’s negligence, you may contact a personal injury attorney about your options. Pursuing legal compensation may be possible, but what types of damages could you receive through a potential settlement?
Take a closer look at compensatory vs. punitive damages, including how they’re calculated, situations when they may be awarded, and more. For more personalized insight into personal injury claims, contact Alpizar Law, LLC.
Compensatory Damages Cover a Victim’s Losses
One of the first questions an injured party may ask a personal injury lawyer is, “How much is my case worth?” Legal professionals can’t estimate a potential settlement amount until they look at all of the facts of the case. If they do offer a ballpark answer, they typically refer to compensatory damages.
Plaintiffs who file personal injury claims must provide evidence of another party’s liability and the losses they’ve incurred due to an accident. After a car accident leaves you hurt, you may gather evidence like police reports and witness statements to establish liability. Your compensation claim could also include pieces of evidence highlighting your losses, such as medical bills and vehicle repair estimates.
Plaintiffs in civil lawsuits may pursue both economic and non-economic damages. Depending on a case’s unique circumstances, legal compensation could cover the following:
- Medical treatment and rehabilitation
- Lost wages
- Property damage repairs
- Temporary transportation costs
- Loss of enjoyment of life
- Loss of companionship or consortium
If you’re filing a wrongful death suit on behalf of a deceased loved one, funeral expenses may also be included in the economic damages.
Punitive Damages Center Around the Defendant’s Gross Negligence
When it comes to seeking compensatory vs. punitive damages, a liable party’s negligence plays a key role. Legal professionals focus on whether the defendant’s actions are considered gross negligence. If they showed excessive or willful negligence, the court may impose punitive damages.
While victims receive compensation from punitive damages, these funds are not intended to make up for their pain and suffering. Instead, they are meant to punish the defendant for their actions. A court or jury may award punitive damages as a way to warn the defendant about the consequences of their actions and prevent them from causing harm in the future.
Defendants in these cases typically exhibit malice, willful intention, or a conscious disregard of others. For example, a doctor could perform procedures on patients while under the influence, putting their patients at risk of injury or surgical mistakes. To punish the doctor for breaching their standard of care with such egregious behavior, a judge may order them to pay the plaintiff punitive damages.
When Are Compensatory vs. Punitive Damages Awarded?
Individuals could seek financial compensation when they experience a traumatic injury or incur property damage due to someone else’s negligence. Filing a claim doesn’t ensure that they will receive any compensation. If their case does resolve with a financial award, they may only receive compensatory damages instead of these funds plus punitive damages.
Many types of claims can lead to compensatory damages, including:
- Auto accidents
- Dog bites
- Slip-and-fall cases
- Cyclist or pedestrian accidents
- Medical malpractice
One of the biggest distinctions between compensatory vs. punitive damages is the level of negligence from the defendant. The court must evaluate the at-fault party’s actions to either rule out or award punitive damages. What does this look like in practice?
Say another driver rear-ends you because they were checking their phone and couldn’t stop in time. While distracted driving is a form of negligence, it may not warrant exemplary damages, especially if you walk away from the accident with minor injuries.
Now imagine you’re hit by a drunk driver. The defendant ignored the risk of harming others and decided to drive while under the influence. This type of behavior may be seen as gross negligence and could lead a judge to impose punitive damages.
Discuss Your Case With an Experienced Personal Injury Attorney
Are you hoping to pursue different types of personal injury damages following an accident? Our legal team at Alpizar Law, LLC can further explain compensatory vs. punitive damages, as well as key steps involved in resolving a claim. We assist clients injured in car crashes, boating accidents, slip-and-fall accidents, and more.
With years of experience and a case history totaling over $300 million in settlement damages, we are committed to guiding our clients through the complex legal process. Connect with us online or call our firm at (321) 676-2511 to schedule a free case evaluation.