Compensatory Damages: An Explanation for Plaintiffs in Personal Injury Claims

Compensatory damages may be awarded during a civil trial to compensate the plaintiff for economic losses incurred as a result of another party's negligence or carelessness. Awards are monetary in nature and are designed to reflect an amount that would bring the plaintiff to the position they were in before the injury or accident occurred.

Compensatory damages can be awarded in cases involving auto accidents, medical malpractice, premises liability, product liability, and other personal injury claims. In a case involving an automobile accident, for example, the amount determined would be the total actual amounts of economic losses including, but not limited to, medical bills, time off from work, repair to any personal property that was affected, and possibly coverage for any lingering effects that could require ongoing care or that could limit the plaintiff's future abilities (such as a head injury or spinal cord injury). Compensatory damages also include pain and suffering during recovery, which is generally calculated by a chart that the courts have deemed appropriate for such cases. It is designed to compensate for only actual costs from a loss.

Compensatory damages can be awarded in conjunction with punitive damages, which are designed to punish the defendant for severe misconduct or intentional wrongdoing. However, compensatory damages are awarded prior to punitive damages, and may be the only award a plaintiff will receive. Furthermore, compensatory damages can be either more than punitive damages or less than punitive damages. This is determined by the nature of the case and the hardship brought to bear on the plaintiff.

A personal injury attorney will work with you to help you understand your rights and to determine what compensatory and/or punitive damages you may be eligible to receive. Your attorney will also help ensure that your case proceeds in a timely manner so you can concentrate on healing.




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