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Punitive and Compensatory Damages

If you have been the victim of personal injury you may be entitled to damages. Awarded in civil actions, personal injury 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. The two main types of personal injury damages are compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages, which are sometimes refered to as actual damages, cover all financial expenses and all ailments associated with personal injury, including:

Emotional distress
Pain and suffering (grief, fright, anxiety, humiliation, or depression)
Repair or replacement of property
Medical bills
Loss of wages
Permanent disability
Mental impairment
Earning capacity impairment

Punitive Damages

Often called exemplary damages, punitive 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.

How much can you receive in personal injury damages?
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 remittitur, 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.

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