Compensatory damages are financial awards given to cover losses, injuries, or damages someone has suffered due to another’s negligence or wrongful actions. These damages are determined in civil court cases where the harm has occurred.
If you’ve been hurt in an accident, you may be eligible for compensatory damages to cover costs directly related to the incident. These could include medical expenses, lost wages, future earnings, or emotional suffering.
Consulting with a Davie personal injury lawyer can be helpful in exploring your options and understanding the compensation you may be entitled to. They can provide insight into your case and help you move forward with confidence.
Understanding Compensatory Damages
In a personal injury lawsuit, two primary types of damages may be awarded: compensatory damages and punitive damages. Unlike punitive damages, which are intended to deter future wrongful actions, compensatory damages focus on providing financial relief to the plaintiff for their losses.
Compensatory damages aim to offer enough monetary compensation to help cover the losses resulting from an accident caused by the defendant. Compensatory damages include amounts awarded for both actual and general damages.
Actual Damages
Actual damages provide financial compensation for measurable losses experienced by the plaintiff, helping to cover the direct financial impact of an injury or accident.
This type of compensation can help alleviate the burden of expenses incurred. Our attorneys work diligently to secure this compensation, allowing you to focus on recovery and rebuilding your life after the incident.
The following are examples of actual compensatory damages:
- Lost income and wages
- Medical expenses
- Costs for medical equipment
- Property damage repairs
- Business-related losses
- Legal fees
- Transportation costs
- Expenses for job searches
- Costs for assisted living care
General Damages
Compensatory damages can also include general damages, which cover both economic losses like earnings, property damage, and medical expenses, as well as non-economic losses such as emotional distress and pain and suffering.
General damages can be calculated by multiplying actual damages by a factor, typically ranging from 1.5 to 5, based on the injury’s severity. Alternatively, a “per diem” method assigns a daily rate for each day until the plaintiff fully recovers.
The following are examples of general compensatory damages:
- Future medical expenses
- Loss of future earnings
- Loss of consortium
- Loss of opportunities
- Reduced quality of life
- Ongoing pain and suffering
- Disfigurement
- Mental anguish
Damages in a Wrongful Death Case
In wrongful death cases, damages may be recovered to help support surviving family members and cover expenses related to the loss of a loved one. Our attorneys are experienced in handling these sensitive matters and are here to help you understand your rights and options.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Establishing Compensatory Damages
To receive compensation for both economic and non-economic damages, you need first to establish that someone else is responsible for your injury. This requires demonstrating that the defendant’s actions directly caused your losses or harm.
Next, you must show a clear link between the accident and the damages you’ve experienced to determine the value of your case accurately.
A variety of evidence can help establish liability in a personal injury case, including:
- Eyewitness accounts that provide details about what happened
- Official police report documenting the incident
- Testimony from expert witnesses who can offer professional insights
- Medical reports detailing the nature and extent of your injuries
- Video footage or photos capturing the scene of the incident
To show the connection between the accident and your damages, it is important to keep thorough and accurate records. This includes maintaining medical records, proof of lost wages, and receipts for any additional expenses related to your injury.
You may also want to document noneconomic damages, such as notes on your physical pain or records of counseling sessions with a therapist, as well as any emotional distress, anxiety, or disruptions to your daily life, to provide a fuller picture of your experience.
All of these pieces of evidence help establish the full extent of your damages and determine the value of your case. A personal injury lawyer can guide you through this process, helping you gather the necessary documentation and offering the support you need every step of the way.
Types of Compensatory Damage Claims
In personal injury cases, several types of compensatory damages may be awarded to cover various losses. Many of these cases are resolved with a compensatory award to help address the impact of the injury.
Some common claims that can result in compensatory damages include:
- Injuries from falls or slips: Such as accidents on wet or uneven surfaces that lead to physical harm.
- Auto accidents: Collisions caused by reckless or negligent drivers that result in personal injuries.
- Harm from defective products: Injuries resulting from products that are improperly designed, manufactured, or labeled.
- Injuries caused by animals: Such as dog bites or other attacks due to an owner’s lack of control.
- Errors in medical treatment: Harm caused by mistakes or negligence from healthcare professionals.
- Abuse or neglect in nursing facilities: Situations where elderly or vulnerable individuals suffer due to improper care.
- Accidents on another person’s property: Injuries caused by unsafe conditions, like broken stairs or inadequate security.
These claims aim to provide financial relief for the harm suffered, allowing those affected to move forward.
How The Schiller Kessler Group Can Help You Recover Damages
If you’ve been injured due to someone else’s negligence, discussing your case with a lawyer can help you understand your options for pursuing compensatory damages. Compensatory damages are designed to cover both financial losses and personal suffering resulting from an accident or injury.
The Schiller Kessler Group brings over three decades of experience in helping clients seek compensation for their injuries. Our attorneys are here to discuss your situation, review the evidence, and help you understand your options.
Let The Schiller Kessler Group guide you through this process, providing the support you need to seek compensation that can help you move forward with confidence. Contact us today for a free consultation.
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