A Brief Explanation of Compensatory and Punitive Damages

Personal Injury Law Firm  317-881-2700

Personal Injury Law Firm
317-881-2700

In tort law, there are 2 main categories of damages that can be awarded in a personal injury case: compensatory damages and punitive damages. The chief objective of such damages is to restore an injured victim’s quality of life back to the way it was before they were involved in an accident. Continue reading to learn more about each category of damages, as well as, what to do if you were recently denied sufficient compensation to cover your losses after being injured in a serious accident.

Compensatory Damages

Compensatory damages are meant to restore a victim’s losses that were incurred as a result of a defendant’s wrongful conduct or negligence. Types of losses that fit this category include property damage, hospital bills, current and future medical expenses, lost wages, prolonged physical therapy, permanent disfigurement or scarring, loss of consortium, reduced quality of life, loss of enjoyment of life, pain and suffering, mental anguish, and more. The most common accidents that result in compensatory damages being awarded are generally those that involve carelessness and negligent, such as car accidents, slip and fall accidents, and product defects.

Punitive Damages

Cases in which a defendant’s conduct was especially egregious, a court may award a victim with punitive damages. These are generally reserved for those who deserve penalty or punishment for an outrageously negligent or illegal act that harmed another person. An at-fault party in this type of case would likely face criminal prosecution too. Not only will courts use punitive damages to punish a defendant, they may also award them to set an example for the rest of the community. Common examples of such cases include drunk driving accidents, wrongful deaths, and medical malpractice.

Nominal Damages

Aside from the standard compensatory and punitive damages awarded in a personal injury lawsuit, there is a third category that is not as common called nominal damages. Nominal damages are small sums of money that are sometimes awarded to injured victims who have not incurred a significant economic loss or injury, but did experience an invasion of rights. Although minimal in funds in most cases, these damages are still important because they allow injured victims to pursue legal recompense for an immoral act against them, even if the act didn’t cause any financial repercussions. A court may award nominal damages to a plaintiff simply to show that the plaintiff is right and the defendant is wrong. They can be as low as 1 dollar since they are really meant to prove a point.

An Indianapolis Personal Injury Law Firm You Can Trust

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help making a personal injury claim in Indianapolis, Indiana. Our seasoned accident attorneys are eager to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

The Fundamentals of a Negligence Lawsuit

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

When a victim sues an at-fault person in civil court for personal injuries that resulted from an accident caused by the defendant, it is considered a negligence lawsuit. In criminal court, there are wrongdoers, whereas, in civil court, there are negligent or at-fault parties. In a negligence lawsuit, the plaintiff (victim or family of victim) carries the burden of proving their case. In order to do so, they must provide evidence to prove the 4 main elements of every negligence lawsuit.

The 4 Main Elements of a Negligence Lawsuit:

The Plaintiff must prove…

Ⅰ. The defendant had a legal duty of care.

An example of having a duty of care would be a school. Teachers and administrators have a duty of care to ensure children are looked after and kept safe from danger.

Ⅱ. The defendant breached that duty of care.

Continuing the example above, if the teacher takes their class to the park, and a child falls into a pond, she is guilty of negligent supervision.

Ⅲ. The breach of care directly caused the accident, which caused the Plaintiff injuries.

Since the child would likely have not fallen into the pond if they were being properly supervised, the teacher could be held liable for any injuries or wrongful death that resulted from the child falling into the pond while under her supervision.

Ⅳ. The Plaintiff’s injuries caused damages and losses.

The final element of every negligence case has to do with damages and losses. Victims can recover various types of damages depending on the details and circumstances of their case.

Types of damages include:

Compensatory – Compensates for actual costs incurred as a result of the accident/injuries, such as lost wages, hospital bills, and medical expenses. Compensatory damages can include both general and special damages.

General – Monetary compensation for injuries.

Nominal – Awarded when negligence is proven, but losses have not yet occurred.

Special – Compensates for material possessions lost or damaged in the accident.

Punitive – Awarded to victim for the purpose of punishing the defendant for their negligence.

Indianapolis Accident Attorneys 317-881-2700

Indianapolis Accident Attorneys 317-881-2700

It is the judge in the end who decides what duty of care the defendant had with the plaintiff. It is the personal injury attorneys who fight on behalf of injured victims to ensure they receive the full and fair amount of compensation for their damages and losses. Choose an experienced Indianapolis personal injury lawyer if you or someone you love was recently injured as a result of another person or company’s negligence. They have the knowledge and resources to prove your case and win the settlement you deserve.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.