The main difference between these two types of damages is that they are directed toward different parties of a civil claim. Punitive Damages – Punishing the Wrongdoer. Compensatory Damages. This is known as “loss of consortium.”, “Most courts will base the general damages they award in accident cases on the seriousness of the accident or injury. Depending on the case, compensatory damages can include funds for a wide range of losses. These are damages that are awarded to a plaintiff which are in addition to compensatory damages. Compensatory vs. Punitive Damages. Compensatory damages are sometimes referred to as "actual damages." Compensatory Damages Compensatory damages are the most common type of damages awarded, meant as compensation for your losses. We have all heard of the term Damages. In many cases, punitive damages are higher than compensatory damages. … If the court finds in favor of the plaintiff (the victim), they’ll receive a monetary award for their losses, including any property damage. The two types of damages you may collect are compensatory or punitive damages. Compensatory damages and punitive damages are the two types of personal injury damages that a plaintiff will demand in civil litigation. When a court orders compensatory damages to a plaintiff, there are two different types of awards that can be given: These are awards that are tangible and easy to calculate because they are based on actual expenses the victim has incurred due to an injury caused by an incident, including but not limited to car and truck accidents. Compensatory damages, which are sometimes referred to as actual damages, are sometimes seen as the “main” type of damages that a civil court can award a plaintiff. Punitive damages are awarded to punish a wrongdoer. Res Ipsa: When Things Speak For Themselves, Seditious Conduct and Freedom of Speech: Three Things You Should Know, How a Bill of Lading Makes the World Go Round. Punitive damages are designed to prevent others from being hurt by the same or similar … They are essentially the total cost of the accident … Damages are meant to compensate for such things as injury, property damage, medical bills, lost income, and other damages that resulted from whatever issue is at the center of the case. Compensatory damages are … This is they are intended to compensate the plaintiff for his or her actual losses. It is important that plaintiffs understand the distinctions between the two in order to find out whether or not one (or both) will be able to remedy their injury claim. Call the injury attorneys at Kantrowitz, Goldhamer & Graifman P. C. to recover compensatory and punitive damages in a New York or New Jersey car accident lawsuit. Even an injury such as defamation can be considered as qualifying for general damages. 45 Broadway, Suite 2430 The more serious an accident or long-term or permanent injury is the amount of money awarded to the plaintiff usually increases.”. A person's damages are the moneys they receive from the at-fault party in a personal injury case. Punitive damages are awarded in addition to compensatory damages, not in lieu of them. Again, taking the case of a motor vehicle accident, if the crash was caused because the defendant was impaired by alcohol at the time, then the plaintiff would likely be able to pursue punitive damages against the defendant. To learn more about how to file a lawsuit or receive compensatory and/or punitive damages for your suffering, give us a call today at 212-571-7100 or contact us online. The objective of each is that creates the difference between compensatory and punitive damages. Compensatory damages are much more common than punitive damages in Texas. If someone’s behavior or actions were negligent, you have the right to file a lawsuit to pursue damages for your injuries or losses. Again, taking the case of a motor vehicle accident, if the crash was caused because the defendant was impaired by alcohol at the time, then the plaintiff would likely be able to pursue punitive damages against the defendant. 2. Call Us at 877-718-6079. Compensatory damages are designed to compensate plaintiffs for the actual losses they’ve experienced. Today, the vast majority of damages awarded to plaintiffs, or personal injury victims, as the result of a defendants’ negligence, are compensatory in nature. All rights reserved. In Florida, for example, claimants may recover up to $500,000 or three times the compensatory damages, whichever is greater. This isn’t always so easy to determine in the beginning because all of the facts need to be gathered, current and future effects of the injuries are assessed, and how the negligence affects the quality of life in the future. Examples would medical malpractice cases or product liability cases. Punitive damages are designed to prevent others from being hurt by the same or similar actions. Located in Lower Manhattan, NY, the attorneys at O’Dwyer & Bernstien, LLP provide legal representation in the fields of personal injury, construction injury, labor and employment, and real estate law. In Florida, for example, claimants may recover up to $500,000 or three times the compensatory damages, whichever is greater. Punitive damages are usually imposed to make an example of the negligent party to deter others from behaving in the same fashion or committing similar wrongful behavior. 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