Types of Damages in Personal Injury Claims

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When someone is injured due to another party's negligence, they are often entitled to compensation for their injury.

When someone is injured due to another party’s negligence, they are often entitled to compensation for their injury. But how is this compensation calculated? While the specifics of any compensation are assessed over a negotiation table or by a judge, the types of damages that can factor into compensation are broken into two main categories: actual damages and punitive damages.

What Are Actual Damages?

Actual damages reflect costs and losses that the claimant has incurred or will incur in the future. Also known as compensatory damages, these are intended to try to restore the injured person’s life to the way it would have been without the injury. Actual damages cover lost money—such as medical bills, property damage, and lost income—as well as pain and suffering.

What Are Punitive Damages?

Punitive damages, on the other hand, are intended to punish the responsible party for reckless or negligent behavior that led to the injury. This time, however, the costs and losses of the injured person do not really factor into the calculation. Instead, the judge’s goal in assigning punitive damages is to hold responsible parties accountable and send a message that negligent behaviors are unacceptable.

 

Contact Hales & Associates, A Professional Law Corporation in Murrieta today at (951) 489-3320. We offer free consultations and will work to help you win the compensation you’re owed.