When you or a loved one have suffered a serious injury and hope to receive compensation from the person or company responsible, you must first establish negligence and prove that the other party breached some form of their legal duty to you.
The injured party must prove that they were not negligent, but rather the other person, entity or business was negligent and that negligence is what caused the injury.
Once liability is proven, there are two categories of compensation that an individual can ask for: compensatory damages and punitive damages.
Below is an explanation of each.
Compensatory Damages
Compensatory damages are compensation for the individual’s injuries they suffered as well as their losses due to the accident.
“Compensatory damages include economic damages (loss of things that cost money) and non-economic damages (intangible types of losses). Non-economic damages include pain, suffering, embarrassment, humiliation, disfigurement, loss of domestic or household services, and lost ability to enjoy the pleasures of life.” (Source)
This compensation can include past and future effects from the injuries sustained, future and past disfigurement, mental anxiety and stress, medical bills, lost wages, damage to property and much more.
Punitive Damages
Punitive damages are not always recoverable. They are not meant to compensate for any type of loss, but rather to punish the other party who caused the injury.
Another term for punitive damages is “exemplary damages.” This can be awarded if it’s determined that the defendant’s behavior was particularly reckless and meant to cause harm.