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In civil court, damages are the “award” or sum of money, the plaintiff receives during either due to a settlement or a decision reached after a trial. This award essentially functions as compensation for the loss the plaintiff experienced, whether that be from personal injury, a faulty drug or device, or another catastrophe. A positive outcome for the plaintiff is welcomed in all litigations, but you may find yourself asking, “What are compensatory damages and punitive damages?”. These are the two main types of damages, each with their own set of ramifications against the defendant.
Punitive damages often occur when a company has been negligent, and people are harmed as a result of that negligence. They are designed as a monetary way to penalize the defendant for their actions. Often, punitive damages are used to make an example of the defendant. By charging the defendant large amounts of money, the courts are setting an example for other companies and discouraging the repeated behavior.
The defendant must pay the plaintiff the punitive damages.
Compensatory damages, or “actual damages,” are designed to compensate the plaintiff for the damages they have incurred. These damages are intended to compensate the plaintiff for their loss.
1. Special Damages
Special damages are those damages that are easy to calculate. They include medical bills, lost wages, lost or damaged property, and any other out of pocket costs for the litigation. If there is a receipt, the expense is likely to qualify as a special damage. Special damages are often not up for debate as counsel can easily prove how much the injury cost the plaintiff.
2. General Damages
General damages are harder to quantify as they include subjective material. When a personal injury occurs, there is the obvious injury but then there are the damages that are not immediately visible: the healing, the emotional distress, the lasting trauma. Individuals often have incredibly different reactions to similar scenarios, therefore making it hard to put a cost on general damages.
However, a general rule of thumb is the more serious the injury, the higher the general damages. If someone is out of work and has multiple surgeries as a result of a serious car accident, they are likely to have higher general damages than someone who was in a fender bender.
What Counts as a General Damage?
What are your General Damages Worth?
The two most common methods of calculating a plaintiff’s general damages are the multiplier method and the per diem method. The multiplier method calculates the general damages by multiplying the sum total of the plaintiff’s by a set number dependent on the severity of the plaintiff’s injury. The per diem method attaches a monetary value to every day the plaintiff has suffered because of the accident and adds the total of those days together. On occasion, the courts may use a combination of the multiplier method and the per diem method.
Disclaimer: As each case is unique, the monetary amount of damages may vary greatly between two cases. The types of damages sought after are often negotiated by the attorneys on both sides and can vary greatly between cases. If you have questions regarding your case, please contact us.
“What Is PUNITIVE DAMAGES? Definition of PUNITIVE DAMAGES (Black's Law Dictionary).”The Law Dictionary, 25 Feb. 2014, thelawdictionary.org/punitive-damages/.
Hayes, Christi. “The Two Different Types of Compensatory Damages.” The Law Dictionary, thelawdictionary.org/article/two-different-types-compensatory-damages/.
Hayes, Christi. “Compensatory vs. Punitive Damages: What's the Difference?” The Law Dictionary, thelawdictionary.org/article/compensatory-vs-punitive-damages-whats-difference/.
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The contents of this webpage have been prepared by TorHoerman Law, LLC for informational purposes only. None of this information is intended as either legal or medical advice or opinions. No attorney/client relationship is established with use of this website. Sending or receiving information through this site, posting to our blogs/news site does not establish an attorney/client relationship. An attorney/client relationship with TorHoerman Law is established only by an express and written agreement by TorHoerman Law to represent you. Our attorneys make a case-by-case assessment of any claims and results may vary depending on the facts concerning any case. The attorneys at TorHoerman Law are licensed to practice in Illinois, Missouri, and California. In some circumstances, cases may be sent to other qualified lawyers. In those circumstances, TorHoerman Law maintains joint responsibility.
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