When a person is awarded damages in a personal injury case, there is, of course, a distinct rationale behind the monetary award given. In most cases, the intent of monetary damages is to compensate the plaintiff for loss and/or damaging effects that result from an accident.
The defendant, or their insurer, is made to pay the award to the plaintiff (either by a court order or through negotiations) in an effort to make them "whole" of their loss as a result of the accident.
These "compensatory" damages are meant to address a wide variety of losses. They include:
Unlike compensatory damages, punitive damages are not mean to compensate
a plaintiff but, as the name implies, punish the defendant for malicious
or egregious acts or negligence that led to the accident.
Punitive awards are rare as they are particularly difficult to prove. And there are limitations set by the state as to how high these awards can be.
Setting monetary value for the above damages is cut and dry in some cases and quite nebulous in others. Awards for medical damages, loss of income and properly loss can all be objectively established by medical bills, proof of recent salary or income and fair market value of property lost. Issues like pain and suffering or emotional distress are hardly quantifiable. So making a plaintiff whole through monetary damages is difficult at best.
Navigating the wide variety of possible damages you may be eligible to receive in a personal injury case is often a very difficult process. Negotiating compensation resulting from a claim can be an arduous task and should only be done in concert with the advice and representation of a skilled personal injury attorney like the attorneys at Panio Law Offices.
Our clients receive close personal attention and the benefit of strong, experienced advocates that help win the highest awards to which they are entitled.
If you have a question about or wish t I file a personal injury claim, call (708) 928-8680. We can help.