How is compensatory damages different from punitive?

How will I know which type of damage to complain for?

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Answered By: Harvath Law Offices

Call now: (314) 471-5585

Compensatory damages are to compensate you for the costs of medical bills, lost wages (if you had to miss work), and for inconvenience and pain and suffering. If you can establish legal liability, compensatory damages are obtainable if there are actual costs that can be proven (such as medical bills, lost wages, etc...). Punitive damages are generally only available if the liable party did something that was reckless or intentional. In other words, the behavior that caused your injury must be extra-bad or absurd. If the other party was only negligent, you generally cannot obtain punitive damages. For certain types of actions, punitive damages are always available however. The amount you obtain in punitive damages can be extremely high in some situations. More information would be needed to determine what type of damages and compensation you are entitled to.

Answer Applies to: Missouri - Replied: 3/22/2012

Answered By: Paul Whitfield and Associates P.A.

Call now: (704) 372-8322

Compensatory is what is needed to compensate you for loss: medical bills, wages. Punitives are to punish for egregious actions, deliberate or reckless acts, for example, drunk driving.

Answer Applies to: North Carolina - Replied: 4/16/2012

Answered By: Dwyer, Black & Lyle, LLP

Call now: (716) 373-1920

Compensatory = compensates for something lost (pain, wages, bills, property, etc) - typically what is sought. Punitives = punish to deter egregious conduct (difficult to get).

Answer Applies to: New York - Replied: 4/4/2012

Answered By: Law Office of Mark J. Leonardo

Call now: (310) 456-7373

If you have an attorney, he or she will handle this for you. If the case is one of negligence, you can recover compensatory damages (i.e., damage to car, lost earnings, medical expenses, etc.) and non-economic or general damages (i.e., money for your pain, suffering and inconvenience). Punitive damages can be awarded for actions that are intentional only (or in rare exceptions for grossly reckless conduct ? like shooting a gun randomly and hitting someone). There are several requirements to be entitled to punitive damages where the conduct must be either fraudulent, malicious or oppressive. The conduct must also be clear and convincing as opposed to the claim itself, where you only need to prove by a preponderance of the evidence that the defendant committed the act or omission. Punitive damages are awarded not to compensate the victim but are awarded to punish the wrongdoer and to make an example for society to thwart that type of conduct in the future.

Answer Applies to: California - Replied: 3/29/2012

Answered By: Law Office of Jared Altman

Call now: (914) 737-0200

Punitive is to punish. Compensatory is to reimburse.

Answer Applies to: New York - Replied: 3/24/2012

Answered By: Lombardi Law Firm

Call now: (515) 222-1110

Compensatory damages compensate the injured person for the economic and personal losses they suffered. Punitive damages are meant to punish the wrongdoer and to set an example to deter others from doing likewise. There aren't enough facts to be able to express an opinion about whether punitive damages would be appropriate. I can't even say if you have the facts to support a compensatory damage claim.

Answer Applies to: Iowa - Replied: 3/24/2012

Answered By: The Lucky Law Firm, PLC

Call now: (225) 387-5656

Compensatory damages are damages that compensate one for medical expenses and pain and suffering incurred. Punitive damages are damages that are awarded to punish the defendant's bad behavior. In Louisiana, punitive damages may only be awarded in very limited circumstances. Typically, insurance companies only pay compensatory damages. Punitive damages have to be awarded by a judge or jury.

Answer Applies to: Louisiana - Replied: 3/23/2012

Answered By: Lapin Law Offices

Call now: (402) 421-8033

"Compensatory damages" are your actual damages. These include, but are not limited to: medical expenses; lost wages; and pain and suffering. "Punitive damages" are to punish a person for his or her wrongful conduct as are intended to deter other's from doing the same thing. Generally, Nebraska law does not permit a person to sue for punitive damages. There are some federal laws that permit punitive damages that can be asserted and collected in a Nebraska state court. For example, 42 U.S.C. 1983, permits a person to sue in a Nebraska state court and collect punitive damages under certain circumstances. Without knowing more about your injury and its cause, I cannot tell you whether punitive damages would be available. You should contact a personal injury attorney to discuss your case. Most personal injury attorneys offer a free initial consultation so it would not cost you anything to talk to an attorney.

Answer Applies to: Nebraska - Replied: 3/23/2012

Answered By: Law Offices of David W. Hibbert

Call now: (770) 414-8055

Compensatory Damages are given for the actual damages caused by the wrogful conduct. Punitive damages are awarded as punishment to deter similar conduct by the wrongdoer. The evidence must show that the defendant's wrongdoing amounted to wilful misconduct, malice, fraud, wantonness, or oppression, or that entire want of care which would raise the presumption of a conscious indifference to consequences, by which is meant an intentional disregard of the rights of another, knowingly or wilfully disregarding such rights, this would authorize award of punitive damages.

Answer Applies to: Georgia - Replied: 3/23/2012

Answered By: Law Office of Melvin Franke

Call now: (636) 271-5300

Compensatory damages are for things like lost wages, pain and suffering, property damages and medical bills. Punctive damages are to punish the wrong doer and they are for either reckless or intentional behavior.

Answer Applies to: Missouri - Replied: 3/23/2012

Answered By: Salladay Law Office

Call now: (208) 333-9600

Compensatory damages compensate you for the direct consequences of an injury- medical and related costs and pain and suffering- punitive damages are intended to punish the wrongdoer for conduct that is far outside the bounds of normal or expected conduct- intentional or grossly negligent actions. Punitive damages must generally be requested outside fo the general course of the lawsuit- by Motion to the court asking to be allowed to seek punitive damages.

Answer Applies to: Idaho - Replied: 3/23/2012

Answered By: Michael J. Sgarlat Attorney at Law

Call now: (703) 549-2000

Compensatory are awarded for injury suffered because of a party's negligence.It is paid to compensate the injured party for actual losses like medical bills, property damage, lost wages and/or pain and suffering. Punitive damages are limited to injury suffered as the result of someone's intentional or wilful wanton behavior that causes the injury. Punitive damages are awarded to punish the defendant and deter others from doing the same thing.

Answer Applies to: Virginia - Replied: 3/23/2012

Answered By: Law Offices of Tom Patton

Call now: (503) 546-3357

With respect, asking this question demonstrates why a lay person should not attempt to draft a complaint. It is far too important to your case to act without representation of a competent attorney in the practice area. Initial consultations are free from nearly all personal injury attorneys. Take advantage of that fact.

Answer Applies to: Oregon - Replied: 3/23/2012

Answered By: Ford, Howard & Cornett, P.C.

Call now: (256) 546-5432

Compensatory damages are to compensate an injured party for actual damages incurred (i.e., medical expenses, property damage, lost wages, and pain and suffering). Punitive damages are to punish the wrongdoer for bad behavior beyond mere negligence. To recover punitive damages in Alabama, a plaintiff must generally prove that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff to recover punitive damages. You may want to confer with an attorney. Most attorneys will provide a free consultation.

Answer Applies to: Alabama - Replied: 3/23/2012

Answered By: Parks Law Group

Call now: (251) 441-9188

Compensatory damages reimburse you for things like medical bills and lost wages. They also include pain and suffering, which varies from case to case. Punitive damages are designed "punish" the wrongdoer for outrageous, reckless behavior. Punitive damages are typically hard to recover and can be limited by statute or other law. You should speak to an attorney to determine your specific rights.

Answer Applies to: Alabama - Replied: 3/23/2012

Answered By: Law Office of Gregory Crain

Call now: (501) 332-4300

Compensatory damages are compensation for injury. Punitive damages are punishment for egregious conduct.

Answer Applies to: Arkansas - Replied: 3/23/2012

Answered By: David Francis Law

Call now: (702) 255-0700

Compensatory damages replace what was lost and nothing more. For example, compensatory damages will pay the medical bills you've accrued because of the injury. Punitive damages punish the defendant for outrageous misconduct and are used to deter the defendant and others from committing similar misbehavior in the future. Knowing what types of damages to seek become questions between you and your attorney. Without knowing the facts, it would be impossible to say.

Answer Applies to: Nevada - Replied: 3/23/2012

Answered By: Hynum Law Office, LLC

Call now: (601) 583-2608

In Mississippi, compensatory damages are intended to compensate you for what you have lost. For example, if you are injured in an automobile accident that was someone else's fault, the compensatory damages would cover your medical bills, loss of income, pain and suffering, etc. Punitive damages on the other hand are intended to punish the wrongdoer and serve as an example to others to not engage in that wrongful behavior. Punitive damages are generally awarded when the defendant intentionally did something wrong that caused the injury, or when the defendant was grossly negligent.

Answer Applies to: Mississippi - Replied: 3/23/2012

Answered By: Bulman Law Associates PLLC Injury Law Firm

Call now: (406) 721-7744

Punitive damages are awarded to punish the defendant for bad conduct and to send a message to other companies or people who might try to act the same way in the future. Punitives generally require extremely outrageous conduct and you must have clear and convincing proof. Send the fact of your case.

Answer Applies to: Montana - Replied: 3/23/2012

Answered By: Law Office of Patrick E. Donovan, PLLC

Call now: (603) 893-1177

Compensatory damages pertain to injuries and losses sustained as a direct result of the underlying wrong or tort - such as medical expenses, lost wages. Punitive damages are intended to penalize the wrongdoer for gross misconduct

Answer Applies to: New Hampshire - Replied: 3/23/2012

Answered By: DEAN T. JENNINGS, P.C.

Call now: (712) 256-1400

Compensatory damages are just to pay your bills, pain and suffering, etc. Punitive are to punish the wrong doer for evil behavior.

Answer Applies to: Iowa - Replied: 3/23/2012

Answered By: Steven Harrell, Attorney at Law

Call now: (478) 987-7065

Punitive damages are meant to deter the wrongdoer from repeating his conduct. Compensatory damages are to compensate an injured victim for lost wages, pain and suffering, and medical expenses.

Answer Applies to: Georgia - Replied: 3/23/2012

Answered By: Andrew T. Velonis, P.C.

Call now: (315) 579-3108

Compensatory damages is to compensate you for your loss. Punitive damages is to punish the defendant for extreme and outrageous conduct. In order to get compensatory damages, you only have to prove that the other party was careless. In order to be entitled to punitive damages, you have to prove that the other party was morally culpable.

Answer Applies to: New York - Replied: 3/23/2012

Answered By: Kelaher Law Offices, P.A.

Call now: (407) 841-7698

Compensatory damages are to compensate you for the injury or loss that you suffered. Punitive damages are designed to punish the person for conduct which is either grossly negligent or intentional. In Florida, before you can claim punitive damages, you have to have an evidentiary hearing for a judge to decide whether the wrongdoer's conduct rises to the level of gross negligence, or to decide if it was an intentional act.

Answer Applies to: Florida - Replied: 3/23/2012

Answered By: Law Office of Sam Levine, LLC

Call now: (404) 303-8875

Punitive damages are only recoverable in certain types of cases usually involving intentional & reckless conduct. I would need to know more about your case to comment more accurately on your question.

Answer Applies to: Georgia - Replied: 3/23/2012

Answered By: Law Office of Michael E. Hendrickson

Call now: (703) 838-5577

Compensatory damages are designed to compensate the injured plaintiff for actual damages, i.e., so-called out of pocket expenses s/he incurred as a result of the defendant's negligence or other wrongful behaviour such as lost wages, medical expenses, damage to property,etc. whereas punitive damages are a special category of damages specifically designed to punish what has been clearly established in the court as very bad and unacceptable behaviour on the part of the defendant. (Punitive damages are not often awarded.)

Answer Applies to: Virginia - Replied: 3/22/2012

Answered By: Ezim Law Firm

Call now: (225) 929-7785

Punitive damages are meant to punish someone for their actions or inactions. The law must provide for punitive damages in order to be awarded such. For instance, the law provides for punitive damages if you are injured as a result of an automobile accident caused by a drunk driver when his/her intoxication was a cause in fact of the accident.

Answer Applies to: Louisiana - Replied: 3/22/2012

Answered By: Ferguson & Ferguson

Call now: (256) 534-3435

If the accident happened in Alabama, you would ask for compensatory damages. Punitive damages are rare and are to punish the offender. In a car accident or fall case, you would not normally get punitive damages. Talk to an attorney before you do anything.

Answer Applies to: Alabama - Replied: 3/22/2012

Answered By: Downriver Injury and Auto Law

Call now: (734) 307-3800

Michigan does not permit punitive damages. Compensation is for pain suffering and economic damages.

Answer Applies to: Michigan - Replied: 3/22/2012

Answered By: David F. Stoddard

Call now: (864) 375-0000

It is best to have a lawyer represent you. The lawyer will know how to plead a case. Compensatory damage are damages to compensate you for your loss, such as the cost of medical bills, lost wages, pain, loss of quality of life, etc. Punitive damages are sought and awarded to punish the tort feaser for his/her/its reckless or willful misconduct. Drafting the pleadings is one of the easier steps in a lawsuit. Other steps along the way are more complex and require more legal knowledge and experience.

Answer Applies to: South Carolina - Replied: 3/22/2012

Answered By: Klisz Law Office, PLLC

Call now: (313) 402-0853

Punitive damages do not exist in Michigan law.

Answer Applies to: Michigan - Replied: 3/22/2012

Answered By: Chalat Hatten & Koupal PC

Call now: (303) 861-1042

Compensatory damages "compensate" and punitive damages "punish." For a discussion of personal injury damages, which are the types of harm or loss you suffer from a personal injury, please see the section on Damages

Answer Applies to: Colorado - Replied: 3/22/2012

Answered By: The Law Office of Harry E. Hudson, Jr.

Call now: (209) 463-9715

Compensatory damages are what is needed to cure the wrong that was done. They include payment for medical treatment, lost wages and non-economic damages for your pain and suffering. Punitive damages are punish the wrong doer.

Answer Applies to: California - Replied: 3/22/2012

Answered By: Harris Personal Injury Lawyer

Call now: (877) 231-9970

Compensatory damages are damages meant to compensate a tort victim for their loss, and include such things as: past and future medical expenses, past and future lost earnings, and past and future pain and suffering. The victim of a tortfeasor's negligent conduct is entitled to compensatory damages. Punitive damages are damages that are meant to punish or make an example of a wrong doer. These damages, often called exemplary damages, are not premised per se on the loss sustained by the victim, but rather reflect an amount of money that is sufficient to punish a wrong doer for willful misconduct, intentional torts, and other types of egregious, malicious, willful and wrongful conduct. In order to better understand which type of damage to complain for, I would strongly recommend you speak with a personal injury attorney who is experienced and knowledgeable in this area of the law.

Answer Applies to: California - Replied: 3/22/2012

Answered By: Rags Beals Seigler Patterson & Gray

Call now: (706) 216-1272

Compensatory damages are to compensate the injured by paying money for physical injury,lost wages, disability i.e. permanent injury, medical expenses etc. Punitive damages are only awarded where the Defendant's were wilfull, wanton and showed a conscious disregard for the consequences. This conduct is also called gross negligence. When the Defendant acts this badly punitive damages to punish the Defendant and deter future bad behavior may be awarded. Usually these damages are a multiple of the compensatory damages and the U.S. Supreme Ct has held that they may be 12 times the amount of compensatory damages.

Answer Applies to: Georgia - Replied: 3/22/2012

Answered By: Andersen Staab PLLC

Call now: (509) 327-6100

In most cases punitive damages are not allowed in the state of Washington. Compensatory damages compensate you for your pain and suffering, etc. In most cases, compensatory damages are termed "general damages" in Washington.

Answer Applies to: Washington - Replied: 3/22/2012

Answered By: Bruce Plesser

Call now: (727) 421-9784

Compensatory is for actual damages. Punitive only after trial to dissuade negligent behavior.

Answer Applies to: Florida - Replied: 3/22/2012

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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