The term compensatory damages describe the sum of money a person is awarded to compensate them for personal injury, damages, and/or detriment caused by another party. This is different from punitive damages, which are not awarded to compensate the victim but rather to punish the wrongdoer.
Nevertheless, in what situations are you eligible for compensation? Similarly, is pain and suffering also considered grounds for these damages? These two different types of damages and several situations that award compensation.
Types of Compensatory Damages
There are two primary forms of compensatory damages: special compensatory damages and general compensatory damages. These damages can be awarded for many different cases: car accidents, truck accidents, bicycle accidents, offshore and maritime accidents, and even property damage claims.
Special Damages
Special compensatory damages deal with funds awarded only to replace what was lost by the plaintiff and what can be specifically quantified based upon the evidence.
There is a wide range of available types of special damages, but here are a handful of examples:
- Loss of wages
- Loss of the ability to earn an income
- Medical treatment bills
- Hospital and medical bills
- Rehabilitation and/or physical therapy bills
- Transportation expenses to obtain medical treatment
- Costs associated with medical devices
- Costs to replace or repair damaged property
- Nursing home care expenses
- In home care expenses
Special damages can be awarded for items in the past and those that will be incurred in the future. Examples of these include past lost wages and the amount of earnings that the victim will suffer in the future because of the accident or the resulting limitations.
General Compensatory Damages
General damages, unlike special damages, are not immediately susceptible to being quantified. That means that no evidence can tell you precisely what should be awarded for a particular injury.
To use an example, a medical bill will tell you the exact amount that should be awarded to the plaintiff for that treatment. On the other hand, there is nothing to tell you the exact amount that should be awarded for pain and suffering endured by a spinal cord injury victim. That will ultimately be up to the judge or jury to consider the injury’s impact on this particular plaintiff. Only then will they be able to make an award of damages.
Examples of general damages include the following items:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Disfigurement and scarring
- Disability
- Loss of consortium
- Loss of love and affection
These items, like special damages, include those damages that have been incurred up to the point that the case is decided (past general damages) and those that the victim will endure after the case is decided (future general damages).
Compensation damages vs. punitive damages
Compensatory damages are an integral part of most lawsuits. These compensations are recompense for the plaintiff’s injuries, losses, and/or monetary detriments caused by a defendant. Examples of compensatory damages include lost wages or loss of income, property damage or destruction, medical bill expenses, medical costs (such as those related to childbirth), and pain, suffering, and emotional distress.
Compensatory damages are compensations as opposed to punitive damages, which are non-compensatory compensations.
Punitive damages (also called exemplary or “exemplary” damages) serve a goal of punishment over compensation.
Consult a Personal Injury Lawyer You Can Trust
When dealing with a personal injury case, you want an experienced lawyer on your side. As a New Orleans personal injury lawyer, Mike Mahone is here to help you and your family get the compensation you deserve. For a free consultation, contact us today.
