What are compensatory damages?
Compensatory damages are a type of damage that is awarded to a plaintiff in order to compensate them for their losses. Compensatory damages are meant to make the plaintiff “whole again” and restore them to the position they would have been in if whatever caused the need for a case had not occurred. Compensatory damages can be either economic or non-economic in nature. Compensatory damages are awarded by a judge or jury in a civil case, and they can be either fault-based or strict liability. Compensatory damages are one of the most common types of damages awarded in civil cases. If you have suffered losses because of someone else’s actions, you may be entitled to compensatory damages. Compensatory damages are meant to make the plaintiff whole again, but they are not meant to punish the defendant. Compensatory damages are usually awarded in addition to other types of damages, such as punitive damages or attorneys’ fees.
Economic Damages
Economic compensatory damages are those that reimburse the plaintiff for out-of-pocket expenses incurred as a result of the injury. Economic damages are those that reimburse the plaintiff for their financial losses. This can include things like lost wages, medical bills, property damage, and more.
Non-Economic Damages
The jury will also consider any non-economic damages that the plaintiff has suffered. These can include pain and suffering, emotional distress, loss of enjoyment of life, and more. Non-economic compensatory damages are more difficult to quantify. These types of damages are meant to compensate the plaintiff for the intangible losses that they have incurred.
Fault Based
Fault-based compensatory damages are those that are awarded when the defendant is found to be at fault for the plaintiff’s losses. This means that the defendant did something wrong that directly caused the plaintiff’s losses.
Strict Liability
Strict liability compensatory damages are those that are awarded when the plaintiff’s losses are caused by a product or service that is defective. This means that the defendant did not do anything wrong, but the plaintiff still suffered losses because of a defect in the product or service. Strict liability compensatory damages are those that are awarded when the defendant is found to be strictly liable for the plaintiff’s losses.
How they are awarded
When calculating compensatory damages, the plaintiff’s attorney will consider many factors, including the severity of the injury, the impact on the plaintiff’s life, and the amount of economic damages incurred. Compensatory damages are usually awarded by a judge or jury in a civil lawsuit. In order to win compensatory damages, the plaintiff must be able to prove that they suffered losses as a direct result of the defendant’s actions. They will also need to provide evidence of the amount of those losses. This can be done through medical records, bills, pay stubs, and more. An experienced attorney can help gather this evidence and build a strong case for compensatory damages. Compensatory damages are usually awarded by a jury after a trial, but can also be awarded through negotiation in a settlement agreement. When deciding on an appropriate amount of compensatory damages, the jury will consider the nature and extent of the injury, the plaintiff’s age and life expectancy, and more.
If you have suffered losses because of someone else’s negligence, you may be entitled to compensatory damages. An experienced personal injury attorney can help you assess your losses and determine whether or not you have a case. Compensatory damages can help you pay for medical bills, lost wages, pain and suffering, and more. Contact an experienced attorney today to learn more about your legal rights and options. Compensatory damages are intended to make the plaintiff whole again, but they cannot undo the injury that occurred. They are just one way that the civil justice system can provide relief to those who have been wrongfully injured.
