What Is the Difference Between Compensatory and Punitive Damages?
If you are injured in an accident caused by someone else, you can file a personal injury lawsuit asking that a court order them to pay you damages. There are two main forms of damages you may receive: compensatory and punitive. The legal team at Amourgis & Associates, Attorneys at Law, is here to make sure you understand your full legal rights and options, including the forms of damages available to you.
Read on to learn more about damages in personal injury lawsuits. Contact us today to have your questions and concerns addressed in a free, no-obligation consultation.
What Are Compensatory Damages?
As the name suggests, compensatory damages are awarded to injured individuals to make up for their injuries and losses sustained in an accident caused at little to no fault of their own. Compensatory damages may reimburse you for things like:
- Current and future medical expenses
- Lost wages
- Lowered earning capacity
- Physical pain and suffering
- Emotional trauma
- Lowered quality of life
- Property repair and replacement costs
What Are Punitive Damages?
Punitive damages, sometimes known as exemplary damages, are somewhat different from compensatory damages. Rather than to compensate injury victims, punitive damages are awarded to plaintiffs in civil lawsuits as punishment for the defendant’s misconduct. They also serve to deter future misbehavior. Courts are normally quite reluctant to award punitive damages, though they may do so in cases involving serious misconduct.
Importantly, Ohio law caps the amount of money an injured individual can receive from punitive damages. Courts may not award punitive damages more than twice the amount of compensatory damages. Further, they may not award more than “ten per cent of the . . . [defendant’s] net worth when the tort was committed up to a maximum of three hundred fifty thousand dollars.”
Why Are Courts Reluctant to Award Punitive Damages?
The civil justice system is designed to resolve disputes between private parties. By contrast, criminal prosecution is designed to punish wrongful acts on behalf of the state and society. Courts are normally reluctant to blur these lines.
To recover punitive damages from a party that harmed you, your attorney must normally present evidence indicating that the defendant intended to cause you harm. Again, punitive damages are a form of civil punishment for serious wrongdoing. So, someone who unintentionally caused an accident and did not set out to hurt you will likely not be forced to pay punitive damages. However, intentionally causing harm and gross disregard for the safety of others may aggravate a civil case to the point where punitive damages are available.
What Is the Deadline for Filing My Personal Injury Case?
Ohio law gives accident victims two years from the accident date to file a personal injury lawsuit seeking compensation for their injuries and losses. Missing the all-important deadline normally results in your case being dismissed. This will destroy your right to seek any form of damages in civil court. Do not miss it.
Discuss Your Case with an Experienced Personal Injury Attorney
At Amourgis & Associates, Attorneys at Law, we are here to help you recover maximum compensation for your injuries and losses after an accident you did not cause. Discuss your case with an experienced Ohio personal injury attorney at our firm today. We offer free, no-obligation consultations.
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At Amourgis & Associates, Attorneys at Law, we only represent consumers. We fight for regular people who have been seriously hurt in accidents. We fight for people who are being crushed by overwhelming debt and need a fresh start. We fight for individuals and families. Never businesses. Never insurance companies. We are loyal to the consumer.
