The Difference between Compensatory and Punitive Damages
Dealing with any accidental injury can be stressful—and the stress increases when the victim knows the accident was avoidable, if someone else had only exercised reasonable care. Particularly in the case of serious injuries, it is common to want to see the negligent parties punished for their acts. While injury victims can generally pursue compensatory damages for a variety of expenses related to their injuries, it is also sometimes possible to pursue punitive damages.
California State University offers a detailed explanation of the differences between compensatory and punitive damages. In general, the difference between the two pertains to the nature of the act that caused injury, as follows:
- Compensatory damages pay injury victims for all costs related to their injuries. In addition to past, current, and future anticipated medical expenses, these can include, but are not limited to, time lost from work, loss of earnings ability due to a permanent disability, costs related to personal and family care during recovery, or even pain and suffering
- Punitive damages, in addition to compensatory damages, only apply in certain types of situations. As the name implies, the intent of these damages is to punish defendants for reprehensible behavior, and deter them from repeating similar offenses in the future. One example is when a defendant commits a crime that causes injury. While the defendant answers for the act in criminal court, victims can sue in civil court. Moreover, the criminal court decision has no bearing on the civil court decision—the two cases are separate and distinct
It probably seems clear that punitive damages do not make sense in most cases unless the liable party performed a willful act that caused your injury. However, compensatory damages can provide the funds you need to avoid out-of-pocket expenses, even if serious injuries affect the rest of your life.
In and around Indiana as early as your initial consultation, an experienced Phildadelphia personal injury attorney can often accurately predict the compensation you can expect for your case—whether you pursue compensation from insurance claims, an out-of-court settlement, or a jury trial. In addition, your attorney can determine if punitive damages make sense.
Steps to take on Automobile Accidents in Atlanta
You are probably reading this because you or your loved one is seriously injured due to the negligence of another in an automobile accident.
Following are examples of negligence that often leads to an automobile accident:
• Failure to obey traffic laws, traffic lights, or stop signs
• Driving under the influence of alcohol or drugs
• Not following the speed limits
• Improper lane shifts
• Driver fatigue
• Ignoring unsafe road or weather conditions
• Attempting an improper left turn
Were you injured in an auto accident in Atlanta or nearby? You need to reach out to an automobile accident attorney in Atlanta. Only a skilled attorney can effectively fight to recover compensation for your medical bills and lost wages. An experienced attorney often sees and understands the kind of injuries accident victims suffer:
• Fractures
• Internal injuries
• Injuries to the neck and back
• Spinal cord injuries
• Traumatic brain injuries
• Severe burns
• Paralysis
• Emotional shock and distress
Whether your attorney negotiates a fair settlement with the insurance company or takes your case to trial in Atlanta Court, you—or a relative if necessary—can take a number of steps to improve your chances of receiving compensation:
• Do not furnish any statements or own up fault to anybody
• Collect the contact information of key witnesses at the scene
• Take pictures of the accident scene, particularly the position of the vehicles
• Document other causes, like bad weather and road condition, that contributed to the accident
• Make sure the police write up an accident report and acquire a copy of it
• Record all receipts and medical documents
• Call your auto insurance agent
Automobile Accident in Jacksonville, a Legal Overview for a Common Man
If you or your loved has been injured in an automobile accident, you may be entitled to monetary benefits. Such personal injury claims are commonly handled by automobile accident attorneys in Jacksonville. Some of the common reasons for automobile accidents in Jacksonville are:
• Rear-end collisions
• Poor lane changes
• Exceeding speed limits
• On mobile phone or texting while driving
• Driving under the influence
The common legal issues faced by victims of automobile accidents are:
• Gathering evidence and determining who was at fault
• Making sure medical treatment is received and documented
• Dealing with the insurance company or negligent party
The above scenarios can be daunting and complex to handle by yourself. If you were injured through the negligence of another person, a skilled auto accident attorney, familiar with Florida laws in Jacksonville, can fight for you so that you receive fair compensation for your medical treatment and lost wages.
Not all auto accidents are alike. Personal injury cases can involve a variety of situations like:
• No-fault accidents
• Bodily injury claim
• Drunk driving accidents
• Pedestrian accidents
• Uninsured motorist
• Under-insured motorist
• Insurance claims
• Wrongful death
• Mechanical defect/malfunction
• Highway defects
Your case may involve one or more of the above scenarios. Because each case is unique, you need an attorney with the experience and expertise to build the strongest case possible so that you can move forward with your life.
Auto Accidents in Orange County
Liability and compensation are the two issues that often need legal attention after auto accidents.
If you or a dear one in your family has suffered serious injuries in an accident in Orange County, it is impossible to attend to legal formalities while you are injured, depressed, preoccupied with your recovery, and more importantly, dealing with unexpected monetary outflows. Reach out to a skillful Orange County auto accident attorney who can help you with all legal aspects of your case and win you the compensation you deserve.
Determining who was at fault for the accident is often the first step after receiving immediate medical care. Road rules in California are complex and you or the other driver may be liable if either of you caused the accident while violating traffic laws. Liability based on the violation of traffic laws is common, though it always has to be explained how the violation contributed to the accident.
Since it is rare for one party to be completely at fault, California follows the law of comparative fault. Hence the percentage of liability of the parties involved can vary. After determining the liability and comparative fault in a case, the party determined to be most negligent may owe compensation to an injured party for damages, including:
• Medical treatment
• Property damage
• Loss of wages
• Pain and suffering
• Punitive damages
If you are injured in a crash, an experienced and capable auto accident lawyer can help you fight for the compensation you are entitled to receive.
Copyright© 2012 LexisNexis. All rights reserved.