If someone’s behavior or actions were negligent, a personal injury claim may be filed to seek monetary compensation for any incurred damages. Often, those who have sustained injuries due to another party’s negligence are left wondering about the potential worth of their case. Although determining damages is not always straightforward, if the court rules in favor of the victim, they may be awarded compensatory damages for the harm they endured. However, depending on the specific circumstances, a victim may be able to pursue punitive damages. Please continue reading to learn the differences between compensatory and punitive damages and how our dedicated New York City personal injury lawyer can help you fight for the justice you deserve.
What Are Compensatory Damages?
If you or someone you love has been injured due to another party’s negligence, it’s crucial to understand what compensation you can pursue to ensure you receive the maximum compensation you’re entitled to for your damages. In a personal injury case, two kinds of damages can be awarded to a victim: compensatory and punitive damages.
Compensatory damages are intended to compensate victims for the actual losses they have experienced at the hands of another. This type of award can reimburse a victim for medical expenses, lost wages, lost earning capacity, property damage, and other out-of-pocket costs from the accident. These are considered special or economic damages. However, it’s possible to be reimbursed for your non-economic losses, such as pain and suffering, disfigurement, loss of consortium, etc. These awards are harder to quantify because they are subjective. Economic damages can be easily quantified because they can be backed up by physical evidence.
What Are Punitive Damages?
Unlike compensatory damages, punitive damages are not meant to compensate the victim. These damages are intended to punish the defendant for their egregious misconduct and deter them and others from committing similar wrongful actions. Punitive damages are only available when the defendant is deemed grossly negligent. This means their actions must have shown a wanton or reckless disregard for the safety and rights of others. For example, the court can impose punitive damages in drunk or distracted driving cases.
Ultimately, the critical difference between these awards is that compensatory damages are awarded to victims to give them justice after they have been wronged. In contrast, punitive damages prevent others from being hurt by the same or similar actions.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
