Damages Awarded in Personal Injury Cases

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Most Common Personal Injury Law Issues:

What Damages Are Awarded in Personal Injury Cases?

Damages are the monetary award given to the victim of the personal injury. The types of damages differ depending on the severity and nature of the injury. These damages may be negotiated by the victim or his lawyer, or even ordered by a judge. The types of damages that are generally awarded are listed below.

Compensatory Damages

Compensatory damages are the most common type of award for personal injury cases. The purpose of these damages is to compensate the person to make them whole again, as if the injury never happened. These damages are not to punish the wrongdoer whatsoever.

Compensatory damages are awarded for:

When Are Punitive Damages Awarded?

On the other hand, punitive damages may be awarded to punish the wrongdoer for his actions. This typically happens when the wrongdoer does something extremely outrageous and shocking to the public.

Punitive damages are not awarded randomly and are not given at any amount. Most states cap punitive damages to two to three times the compensatory damages.

Will My Damages Be Reduced Due To My Own Negligence?

Depending on the state, if you were at fault for any amount of the time, then you may or may not recover damages from the wrongdoer whatsoever. It stems from the amount of comparative negligence you have contributed to your own injury.

For example, California is a pure comparative negligence state. So, even if you were 90% negligence for your own injury, the court will let you recover 10% of your injury cost from the wrongdoer who injured you.

What Can a Lawyer Do For Me?

A personal injury lawyer can help you do all of the work to deal with the defendant. Moreover, he can help you strategize and gather evidence to support your case.

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Last Modified: 07-17-2015 09:42 PM PDT

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