Filing a Lawsuit
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, which are sometimes referred 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
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.
Speak to a Lawyer
Each year, thousands of people die from or are seriously injured by prescription drugs, over-the-counter drugs and medical devices they believe to be safe. If you or a loved one have taken a defective drug, experienced problems with a defective medical device or used a defective product, then contact our law firm immediately. Consult an attorney privately to learn your legal rights. All information is held in the strictest of confidence.
Speak to a Drug Lawsuit Lawyer & Attorney
If you've been injured by a dangerous drug or medical device, contact our law firm and tell us what happened. Talking to one of our lawyers is completely free, has no obligaton, is held in the strictest of confidence and will help you get answers to important questions. We collect facts about your potential case and will explain what you need to do to protect your rights. Talk to our drug attorneys now and learn what legal options are available to you and your family.
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