What do we mean when we talk about “compensatory damages?”
Victims of accidents often face formidable difficulties in the years after their accidents. If an accident was the result of someone else’s carelessness, the sufferer should be allowed to file a claim for damages. In the event of a personal injury, the injured party and their attorney will typically seek compensation for all of the victim’s losses (both monetary and otherwise). Click here to learn more.
Compensatory Damages: An Explanation After Sustaining an Injury
Damages are paid to an injured party as compensation for their suffering. In this sense, “damages” refer to both the measurable costs and the intangible losses that the injured party incurred as a direct result of the accident. To be eligible for compensatory damages, an injured party must demonstrate that they suffered a financial loss as a direct result of the wrongful acts of another party.
Injured parties can typically seek one of two basic categories of compensatory damages in a court of law.
HARM TO THE ECONOMY (SPECIAL DAMAGES)
These are the actual costs incurred by an individual as a direct result of an incident, including medical bills, time off work, and other expenses. Common types of economic damages that can be awarded are:
- Medical Costs in an Emergent Situation
- Intervention by an ambulance service
- Prices associated with surgical procedures
- Fees associated with physical or mental rehabilitation
- Medications, both prescribed and nonprescription
- Assistance for the Elderly
- Remuneration for housekeeping services
- Any necessary medical instruments
- Financial losses or opportunities missed
- The Costs of Repairing Property
Compensable economic damages are determined by accumulating all post-incident and post-medical-treatment bills, receipts, invoices, and estimations.
In addition to monetary losses, non-monetary losses must be calculated with great care. These losses, however, are not as straightforward to quantify as the economic ones. Pain and suffering endured as a result of becoming hurt and having to recuperate are examples of non-economic losses. Damages for bodily pain and suffering, mental anguish and distress, disfigurement, and diminished quality of life may be awarded.
Do Punitive Damages Require a Compensated Loss?
Punitive damages are another potential kind of compensation in a California personal injury case. The at-fault party’s actions must have been extremely severe or purposeful for such a loss to be awarded. If awarded, punitive damages serve as both a punishment for the perpetrator and a deterrence to others who might be tempted to repeat the same behavior.