Understanding Damages
A Guide to Compensation in Civil CasesIn civil law, damages are the remedy courts provide to compensate injured parties and, in some cases, to deter reckless behavior from defendants. Typically, this compensation takes the form of monetary awards aimed at addressing the harm suffered by the plaintiff. Let’s break down the different types of damages, their purposes, and how an attorney can help you recover what you’re entitled to.
What Are Damages?
Damages are a legal remedy requested in civil cases to make an injured party whole after suffering harm. Unlike criminal cases, which focus on penalizing wrongdoing, civil cases use damages to restore or compensate for losses and, in some cases, to penalize egregious behavior.
Two primary categories of damages exist: compensatory and punitive.
Compensatory Damages
Also known as "actual" damages, these are meant to cover the direct losses suffered by the plaintiff. They aim to return the injured party to their pre-injury financial and emotional state.
Punitive Damages
These are awarded in addition to compensatory damages when the defendant’s conduct is found to be grossly negligent or recklessly indifferent. Punitive damages serve as a form of punishment for the defendant and a deterrent against similar behavior in the future.
Types of Damages
Damages fall into two broad categories: economic and non-economic.Economic Damages
Economic damages have a clear monetary value and are often easier to quantify:
Medical Expenses
Covers costs for medical treatment required as a result of the injury.
Lost Wages
If an injury prevents the plaintiff from working temporarily, damages may include the income lost during this period.
Lost or Diminished Earning Capacity
This reflects the wages the plaintiff could have reasonably earned if the injury had not occurred. Courts differentiate between:
- Loss of Future Wages: For individuals with a significant work history, this calculation considers their current earnings, potential future increases, and career trajectory.
- Loss of Earning Capacity: For individuals without substantial work history, vocational experts assess how the injury impacts their ability to earn.
Loss of Household Services
Compensation for the loss of the plaintiff’s ability to perform necessary household tasks due to their injuries.
Non-Economic Damages
These damages account for harm that doesn’t have a straightforward monetary value but significantly impacts the plaintiff’s quality of life:
Pain and Suffering
Includes the physical discomfort, inconvenience, and emotional trauma accompanying the injury.
Mental Anguish
Covers psychological harm, such as depression, anxiety, or PTSD, caused by the injury.
Loss of Consortium
Refers to the loss of emotional and physical benefits of a relationship, including companionship, affection, shared activities, and support.
Physical Disfigurement
Compensation for visible and permanent injuries that alter the plaintiff’s appearance.
How Attorneys Help Recover Damages
Recovering damages can be a complex process, and having an experienced attorney by your side can make all the difference. Here’s how we can help:
- Determining Recoverable Damages
Each case is unique. A knowledgeable attorney can help identify and quantify the damages relevant to your specific situation. - Thorough Investigation
Effective representation begins with understanding the full scope of the plaintiff’s situation. This involves conducting a detailed intake, speaking with multiple individuals close to the victim, and gathering comprehensive evidence early in the process. - Building a Persuasive Case
As juries become increasingly skeptical, compelling advocacy is more critical than ever. Even if an injury may seem “normalized,” justice requires holding defendants accountable and ensuring victims receive the compensation they deserve.
At Laminack, Pirtle & Martines, we’re dedicated to providing compassionate and thorough representation for our clients. If you or a loved one has suffered an injury, contact us today to discuss your options for pursuing justice.
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Works Cited
“A Guide to Compensatory Damages.” Bloomberg Law, 13 Feb. 2023, pro.bloomberglaw.com/insights/litigation/a-guide-to-compensatory-damages/#calculate.
Cornell Law School. “Damages.” LII / Legal Information Institute, 2022, www.law.cornell.edu/wex/damages.
“How Does Loss of Earning Capacity Differ from Loss of Future Earning?” Www.oasinc.org, 6 Sept. 2021, www.oasinc.org/how-does-loss-of-earning-capacity-differ-from-loss-of-future-earnings.