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Compensatory Damages Explained

By Doll Perkins

Tuesday, April 05, 2005

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 the restore the victim physically, emotionally, mentally, and financially. The two main types of personal injury damages are compensatory damages and punitive damages. A personal injury lawyer can explain these to you in detail, but here is a brief description:

Compensatory Damages

Compensatory damages cover all financial expenses and all ailments associated with personal injury, including:

• Loss of wages

• Emotional distress

• Pain and suffering (such as grief, fright, anxiety, humiliation, and depression)

• Permanent disability

• Mental impairment

• Earning capacity impairment

• Loss of profits

• Medical bills

• Interest due from money withheld

• Repair or replacement of property

Compensatory damages are also called actual damages.

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 punish the offender and to deter others from engaging in similar actions.

How Much You Can 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.

To find out more your personal injury case and what damages and settlement you may be rightfully entitled to, discuss your Chicago personal injury questions with us right now.