Damages are compensations that cover the cost of injury, anguish and economic loss through negligence or deliberate act.
Types of Damages:
Compensatory Damages is to make the patient/plaintiff “whole again” by trying to put the injured party in the same position that existed prior to the injury, pain or loss. Compensatory damages can be divided into two sub-categories:
1) Actual Damages / Special Damages They are out of pocket expenses and future expenses that can be documented and computed to estimate the appropriate amount of damage. All medical & hospitalization bills, wheelchairs, crutches and other needs, cost of wages lost, cost of household and nursing help and cost of therapy and future medical expenses may be included.
2)General Damages result from the act or failure to act on the part of the person at fault. The amount needed will actually be based on damages that are hard to put value on, like pain and suffering, disfigurement, loss of relationship.
Punitive Damages are also known as exemplary damages. These are not based on the injuries sustained. These are awarded over special and general damages that are meant to punish the defendant for intentional and gross negligent conduct. It is awarded not to compensate but to deter the defendant from repeating the same actions.
Nominal Damages A minimal amount of money awarded to the plaintiff. These kinds of damages only reflect the legal recognition that the plaintiff’s rights have been violated by the defendant’s breach of duty or wrongful conduct.
Court Cost and Attorney’s Fees In cases settled in favor of the plaintiff, he or she may have the recourse to recover the expenses of going to court. And there are some instances the plaintiff may also be able to recover experts and attorney’s fees.
Oliver Law Office can help you find answers to difficult questions. Our experience and expertise will help you find desirable solutions.
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