Types of damages

When you have had harm done to you, you have the right to receive money from the defendant to compensate you for your pain and suffering, as well as for other losses. This compensation is known as "damages." This money is different than what you may receive as a workers compensation claim or Social Security Disability benefits because the party responsible for paying the damages is the party responsible for your injury or loss.

Compensatory damages

Compensatory damages are meant to make up for your injury.

Actual damages reimburse you for funds that you paid out of pocket, such as medical bills, lost wages, property replacement, substitute transportation, rehabilitation or other things that you have paid money for because of your injury.

General damages reimburse you for things that you have not paid money for, yet still suffer from. This includes emotional suffering, harm to your marriage, future lost wages, disfigurement, among other examples.

Punitive damages

If a defendant is found to have acted intentionally or maliciously, courts may order the defendant to pay the plaintiff punitive damages, which are meant to punish the defendant for his or her actions. This may be applied in particularly heinous events such as nursing home abuse.

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 the defendant legally wronged him or her. Nominal damages may only be asked for in intentional harm cases where a physical injury to the plaintiff is not required for a defendant to be found guilty.

Court costs and attorney's fees

If a personal injury case is settled in favor of the plaintiff, he or she may also be able to be entitled to some of the expenses of taking the case to court.

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