Massachusetts Personal Injury and Workers' Compensation Law Blog
As a leading personal injury law firm, we often encounter questions regarding the types of damages available in personal injury cases. Two primary categories are compensatory and punitive damages. In this post, we will break down the distinction between the two, and how they can affect your claim.
Compensatory Damages: Making You Whole Again
Compensatory damages are intended to compensate the plaintiff for actual losses and make them ‘whole’ again. These are sub-categorized into economic and non-economic damages.
Economic Damages: These are tangible losses that can be quantified, such as medical expenses, property damage, lost wages, and future loss of earnings. Economic damages aim to compensate for the financial burden incurred due to an injury.
Non-Economic Damages: These are intangible losses that are harder to quantify, such as pain and suffering, emotional distress, loss of companionship, and loss of enjoyment of life. Non-economic damages recognize the personal and emotional impact of an injury.
Punitive Damages: Deterrence and Punishment
Punitive damages, on the other hand, are not meant to compensate the plaintiff. Instead, they are designed to punish the defendant for particularly egregious or malicious conduct and to serve as a deterrent to similar behavior in the future. Essentially, punitive damages are awarded in cases where the defendant’s actions are deemed so reckless or malicious that merely compensating the victim is considered inadequate.
How Does This Affect Your Claim?
Compensatory damages are a common element in most personal injury cases, as they directly relate to the losses sustained by the injured party. However, punitive damages are less common and are only awarded in specific circumstances where the defendant’s conduct was exceptionally reprehensible.
When pursuing a personal injury claim, it is essential to understand the types of damages you may be entitled to. This can affect your legal strategy and your expectations regarding potential compensation.
Our law firm specializes in personal injury claims and is adept at navigating the nuances of compensatory and punitive damages. If you’ve been injured due to someone else’s negligence or misconduct, reach out to us. We are committed to fighting for your rights and securing the compensation you rightfully deserve. Your recovery and justice are our utmost priorities.