Disputes over Compensatory Damages
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What Are Compensatory Damages?
Personal injury awards can actually include several sub-categories of awards. For instance, compensatory damages may cover the bulk of the losses that are directly caused by the defendant. These can include the costs of repairing or replacing property, medical and hospital bills, and other losses. Other types of damages include punitive damages, special damages, pain and suffering damages, and other categories.
What Are Some Common Disputes over Compensatory Damages?
Compensatory damages are usually the main focus of personal injury lawsuits. As such, they can often be the source of many disputes and conflicts during trial. Some common disputes over compensatory damages include:
- Disputes over the amount being requested
- Disputes involving the plaintiff’s eligibility for certain damages
- Conflicts over whether the defendant actually caused the injury in question (this is a major concern when there are pre-existing conditions or injuries involved)
- Contests regarding the filing time for the damages, i.e., a violation of the statute of limitations (the filing deadline)
- Concerns about whether losses should be included as compensatory damages or in another category (this could affect the total amount being awarded, as some states limit other categories)
Compensatory damages needed to be measurable and calculable in order to be awarded. This often requires evidence such as receipts, bills, and other documents that show how much the plaintiff lost, monetarily speaking. Thus, it’s important that the plaintiff keep records of all costs and expenses that are related to the lawsuit and to their injuries.
Do I Need a Lawyer for Help with Compensatory Damages?
Remedies for these types of disputes often involve a complex analysis of personal injury laws and procedural rules. These can be very complicated and are different from state to state. You may wish to hire an attorney for further guidance on legal matters. Your lawyer will be able to represent you in court and can provide counsel on matters such as compensatory damages and other legal concepts.
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Last Modified: 03-02-2017 11:58 AM PST
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