Navigating the legal system after an accident has injured you or a loved one can be just as stressful as the incident itself. “Compensatory damages” and “punitive damages” are two essential words that you will likely come across. Determining the value of your case depends on your understanding of these phrases and what they signify for you and your family.
What distinguishes punitive damages from compensatory damages, then?
In a nutshell, compensatory damages are sums of money awarded to make up for your suffering and losses. In order to penalize and discourage future wrongdoing, a defendant may be assessed punitive damages, which are monetary fines for deliberate or egregiously negligent acts.
Following an accident, you are able to request both kinds of damages and receive more compensation. It is important to remember, nevertheless, that punitive damages are not frequently granted in cases involving personal injuries. For punitive damages to be awarded by a court, the negligence must be extremely severe.
Compensatory damages: What Are They?
The majority of personal injury settlements or rulings center around compensatory damages. In Florida, people who have experienced property damage or bodily injury as a result of another person’s carelessness or deliberate wrongdoing are awarded compensation.
These damages are meant to compensate for all of the harm that was done, from concrete, measurable losses like medical bills and missed income to more ethereal losses like pain and suffering and psychological distress.
Florida law guarantees that all injured accident victims have a direct route to compensation and acknowledges the right of an injured person to be made whole.
Restoring you as much as possible to your pre-accident situation is the aim of compensatory damages. They are intended to assist you in paying for the things you have lost and gone through, not to penalize the perpetrator.
Punitive Damages: What Is It?
Punitive damages are intended to both penalize grave misconduct and discourage future occurrences of the same kind of infraction under Florida law. There is no clear connection between the plaintiff’s suffering or financial losses and these damages. Rather, they are imposed on a defendant whose actions beyond simple negligence and instead involve gross negligence, deliberate wrongdoing, or a careless disregard for other people’s safety.
A case involving a drunk driver with prior DUI convictions or a truck accident brought on by a trucking company’s serial violations of FMCSA standards could serve as examples. Punitive damages may be granted by a court in such circumstances to convey that the act in question is unacceptable.
The Actual Amount of Damages in Cases of Personal Injury
Punitive damages are much less common in personal injury lawsuits than compensatory damages. They are comparatively uncommon and only apply in certain situations, which your personal injury lawyer can recognize and clarify.
It is therefore best to review the specifics of your case with a knowledgeable West Palm Beach personal injury attorney. The ones that might be relevant to your case are known to your attorney.
Compensatory damages are typically awarded as part of a settlement for personal injury cases.