Damages are the financial compensation an injured person or their family may receive in a civil court after being wronged due to someone else’s negligence. In most cases, plaintiffs can recover damages from the party responsible for their injury, known as the defendant.
Damages are a legal remedy that provides injured parties with money to compensate them for losses or injuries suffered in a legal case. They are an effective tool in ensuring negligent and reckless acts are held accountable when proven in court.
In a tort or contract action, there are various types of damages that can be awarded. The most prevalent include actual, special and punitive.
Actual – Awarded for physical harm that a plaintiff suffers as the result of another’s act or omission, such as in the case of a car accident that leaves serious and permanent injuries. These damages usually include medical bills and other expenses associated with recovery, plus pain and suffering.
Economic Damages – Compensation is given for financial losses suffered by a plaintiff due to the defendant’s negligence, such as lost income or wages, hospitalization costs, prescription costs and other out-of-pocket expenses. These damages are usually quantifiable and easily documented.
These damages can be a valuable source of monetary recovery in personal injury cases, as they are usually large sums and easily proven in court. For instance, if the client has lost income due to being unable to work as a result of their injuries, then an experienced attorney can calculate the value of those losses and seek damages on behalf of them.
Economic damages such as medical bills and rehabilitation costs are commonly experienced after a car wreck case, especially if the victim has sustained long-term or permanent injuries that necessitate ongoing medical attention.
They are particularly crucial in cases where victims have suffered the wrongful death of a loved one, as they provide financial compensation for either spouses or children for their losses.
Other examples of economic damages include property loss, such as damage to a vehicle or other belongings. This type of loss is usually easy to measure and document, and the victim’s attorney can present evidence from an experienced expert witness who will testify as to the true value of such items.
Although there are various ways to award damages, there are still limits as to how much compensation a victim can receive. These limitations are known as the “standard of proof.” To prove your version of events is accurate and that you have suffered sufficient financial loss, you must demonstrate that.
