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Types of Damage |
Compensatory damages
The word "compensate" means "to offset an error or
undesirable effect". Compensatory damages,
therefore, are meant to make up for an injury
sustained by an individual. There are two basic
types of compensatory damages: actual and general.
Actual damages reimburse an individual for funds
paid out-of-pocket for medical treatments, lost
wages, substitute transportation, property
replacement or repair, and rehabilitation. An
accident victim can also sue for general damages,
which include estimates of loss not involving actual
monetary expenditure. Mental anguish, disfigurement,
future medical expenses, future lost wages,
long-term pain and suffering, loss of consortium,
and loss of opportunity are all examples of general
damages.
Punitive damages
Punitive damages are meant to punish a defendant for
acts of gross negligence or intentional misconduct
that cause personal injury to the plaintiff. They
are not calculated by the extent of the actual
injury, but rather are meant to prevent the
defendant or others in similar situations from
allowing or causing the same sort of accident to
happen in the future. For example, if a person
intentionally runs an automobile into a pedestrian,
punitive damages may be appropriate.
Nominal damages
In a case where the evidence of actual damages is
slight, the courts may still choose to award the
plaintiff a small sum of money to acknowledge that
he or she was legally wronged by the defendant.
These nominal damages may only be sought in
intentional tort cases where a physical injury to
the plaintiff is not required for a defendant to be
found guilty. If the tort committed is battery, for
example, the defendant may indeed have shoved the
plaintiff in an offensive manner but without causing
physical injury. The plaintiff may then be awarded a
minimal amount of nominal damages.
Court Costs and Attorney's
Fees
If a personal injury case is settled in favor of the
plaintiff, he or she may also have recourse to
recover some of the expenses of taking the case to
court. These court costs would include filing and
process server fees, obtaining deposition and court
transcripts, and payment to translators. There are
some instances in which a plaintiff may also be able
to recover attorney and expert witness fees, but
this is not as common.To sift through the procedures and rulings involved in a successful pursuit for damages, an individual needs an experienced personal injury attorney. If you or a loved one has suffered an injury, call Law Office of James C. DeZao at 1-800-675-2604-. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Therefore, please call right away to ensure that you do not waive your right to possible compensation. |
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