When it comes to legal disputes, damages can be awarded to compensate the affected party for their losses or to punish the party responsible for their actions.
Two common types of damages awarded in legal cases are compensatory damages and punitive damages. While they may seem similar, there are significant differences between the two.
If you’ve been injured as a result of someone else’s negligence, you may be entitled to financial compensation. A Memphis personal injury lawyer from Pickford Law can help you. We’ll handle your claim so you can focus on recovery.
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Compensatory damages are monetary awards that are meant to compensate you for your losses. They are designed to make you feel “whole” again by reimbursing you for any expenses or losses you incurred due to the other party’s actions. Compensatory damages are often awarded in cases involving personal injury, breach of contract, or property damage.
There are two main types of compensatory damages: special damages and general damages.
Special damages can be quantified and are directly related to the loss that you suffered. For example, special damages may include medical expenses, lost wages, or repair costs.
On the other hand, general damages cannot be quantified, such as pain and suffering, emotional distress, or loss of enjoyment of life.
Punitive damages are monetary awards that are meant to punish the party responsible for their actions. Unlike compensatory damages, which are designed to compensate you for your losses, punitive damages are meant to punish the other party for their wrongful behavior and to deter others from engaging in similar behavior in the future.
Punitive damages are often awarded in cases involving intentional misconduct, gross negligence, or fraud.
There are two main types of punitive damages: general and specific.
General punitive damages are awarded to punish the wrongdoer and deter others from engaging in similar behavior. Specific punitive damages, on the other hand, are awarded to punish the wrongdoer for specific behavior or actions.
While both compensatory and punitive damages are awarded in legal disputes, there are significant differences between the two.
The purpose of compensatory damages is to compensate you for your losses. In contrast, the purpose of punitive damages is to punish the party responsible for their actions and to deter others from engaging in similar behavior.
Compensatory damages are calculated based on your actual losses, such as medical expenses or lost wages.
Meanwhile, punitive damages are calculated based on the severity of the wrongful behavior and the need for deterrence. The amount of punitive damages awarded is often significantly higher than compensatory damages. However, there are usually limits to how much punitive damages can be awarded.
Compensatory damages are awarded based on a preponderance of the evidence standard, which means that you must prove that it is more likely than not that the other party caused your losses.
Punitive damages, on the other hand, are awarded based on a higher standard of proof, such as clear and convincing evidence or beyond a reasonable doubt.
Compensatory damages are typically awarded in cases where you have suffered some kind of loss as a result of the other party’s actions. For example, in a personal injury case, the affected party may be awarded compensatory damages for medical expenses, lost wages, and pain and suffering.
It’s important to save any receipts or bills related to your accident so you can prove how much you should recover for compensatory damages. Save your medical bills, repairs costs, and any other expense that resulted from the incident.
Punitive damages are typically awarded in cases where the other party’s conduct was particularly egregious, such as intentional misconduct, gross negligence, or fraud.
For example, if a company knowingly sold a defective product that caused harm to consumers, it may be liable for punitive damages in addition to compensatory damages. Another example could be a drunk driver who operated a vehicle under the influence, which led to someone getting injured.
To determine if you are entitled to damages in a legal dispute, you must first establish that the other party was at fault and that their actions caused your losses. This requires evidence, such as witness testimony, medical records, or contract documents.
An experienced personal injury attorney can help you gather the evidence necessary to prove your case and determine what types of damages you may be entitled to. They will also develop your claim in order to maximize your personal injury case.
Understanding the difference between compensatory and punitive damages is crucial in legal disputes. If you find yourself in a situation where you need legal representation after an accident, Pickford Law’s experienced team can help guide you through the process and ensure your rights are protected.
Contact us today for a free case review and let us help you achieve a fair outcome.
Shalondra Grandberry Pickford is a highly skilled attorney and the founder of Pickford Law. Her legal practice is committed to representing clients on various legal matters, including social security disability, veterans’ disability, estate planning, and personal injury. With over ten years of experience in law and a license to practice in Tennessee and Arkansas, Shalondra is committed to providing personalized and effective legal representation to each client.
Shalondra received her Juris Doctorate from The University of Memphis Cecil C. Humphreys School of Law and is a member of the Tennessee and Arkansas State Bar Associations. She has received numerous accolades for her work, including the exclusive Rising Stars award from Super Lawyers in 2017 and again in 2022.
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