Damages - Types Of Damages
Compensatory Damages
The word "compensate" means "to offset an error or undesirable effect." Compensatory damages, therefore, are meant to make up for an injury sustained by an individual. There are two basic types of compensatory damages: actual and general. Actual damages reimburse an individual for funds paid out-of-pocket for medical treatments, lost wages, substitute transportation, property replacement or repair, and rehabilitation. An accident victim can also sue for general damages, which include estimates of loss not involving actual monetary expenditure. Mental anguish, disfigurement, future medical expenses, future lost wages, long-term pain and suffering, loss of consortium, and loss of opportunity are all examples of general damages.
Punitive Damages
Punitive damages are meant to punish a defendant for acts of gross negligence or intentional misconduct that cause personal injury to the plaintiff. They are not calculated by the extent of the actual injury, but rather are meant to prevent the defendant or others in similar situations from allowing or causing the same sort of accident to happen in the future. For example, if a person intentionally runs an automobile into a pedestrian, punitive damages may be appropriate.
Nominal Damages
In a case where the evidence of actual damages is slight, the courts may still choose to award the plaintiff a small sum of money to acknowledge that he or she was legally wronged by the defendant. These nominal damages may only be sought in intentional tort cases where a physical injury to the plaintiff is not required for a defendant to be found guilty. If the tort committed is battery, for example, the defendant may indeed have shoved the plaintiff in an offensive manner but without causing physical injury. The plaintiff may then be awarded a minimal amount of nominal damages.
Court Costs and Attorney's Fees
If a personal injury case is settled in favor of the plaintiff, he or she may also have recourse to recover some of the expenses of taking the case to court. These court costs would include filing and process server fees, obtaining deposition and court transcripts, and payment to translators. There are some instances in which a plaintiff may also be able to recover attorney and expert witness fees, but this is not as common.
If you or a loved one has suffered an injury, illness, or death that seems to have been someone else's fault and you are considering seeking damages, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.
More Information
Links on the Web
 Scott County WireComprehensive News Feed for Scott County, IA. |
| Thu, 11 Dec 2008 12:26:28 GMT Lawsuit against Scott County trial-bound Quad-City Times An open meetings lawsuit against Scott County remains on track for a trial early next year after a judge made a ruling against the plaintiff, a former assistant county attorney. Click here to read this Damages - Types Of Damages news article. |
| Fri, 05 Dec 2008 02:17:41 GMT Lawsuit Settled Over Drowning Death In Davenport KWQC-TV Davenport The Davenport School District has settled a lawsuit filed after the drowning of a student. Click here to read this Damages - Types Of Damages news article. |
| Thu, 27 Nov 2008 01:05:32 GMT Thursday morning news summary WOC-AM Davenport ... FARGO BANK AND MONEY FROM THE SCOTT COUNTY REGIONAL AUTHORITY AND THE CITY OF DAVENPORT. EXTRA TIME GRANTED IN A LAWSUIT OVER THE STATE'S PLAN TO CLOSE THE PONTIAC PRISON MAY KEEP IT OPEN A LITTLE LONGER. THE AMERICAN FEDERATION OF STATE, COUNTY AND ... Click here to read this Damages - Types Of Damages news article. |
| Wed, 13 Aug 2008 07:00:00 GMT Lawsuit filed against deceased doctor Quad-City Times A woman has filed a lawsuit against the estate of a Quad-City anesthesiologist who committed suicide in June, claiming he committed battery, negligence and treatment without consent while she was a patient at ... Click here to read this Damages - Types Of Damages news article. |
| Thu, 24 Jul 2008 03:05:36 GMT Thursday news summary WOC-AM Davenport ... A LAW FIRM REPRESENTING SOME DEERE AND COMPANY RETIREES IS FILING AN ADMINISTRATIVE CLAIM AGAINST THE COMPANY. A LAWSUIT COULD COME NEXT. THE RETIREES WANT RETIREMENT HEALTH BENEFITS TO MATCH THOSE THEY HAD DURING ACTIVE EMPLOYMENT. DISASTER ... Click here to read this Damages - Types Of Damages news article. |
| Thu, 01 May 2008 23:31:49 GMT Another lawsuit against Davenport's red light cameras goes to the Iowa Supreme Court WOC-AM Davenport THE IOWA SUPREME COURT IS DECIDING A SECOND LAWSUIT AGAINST DAVENPORT'S RED LIGHT AND SPEED CAMERA ORDINANCE. Click here to read this Damages - Types Of Damages news article. |
