When involved in a personal injury case, understanding the various legal terminologies can be daunting. Two terms that often arise in these situations are compensatory and punitive damages. While they may seem similar, they serve entirely different purposes in the legal landscape. At The Law Office of Scott Righthand, P.C., our team of experienced attorneys is dedicated to helping clients understand these differences and navigate the complexities of their personal injury cases. Contact us for a consultation to receive case-specific legal advice.
Compensatory damages are awarded to an injured party to cover the actual losses they have incurred due to the negligence of another party. These damages aim to restore the injured party to the position they were in before the injury occurred.
There are two main types of compensatory damages: economic and general damages. Economic damages cover tangible losses such as medical expenses, lost earnings, property damages, and other costs incurred as a result of the injury. Non-economic damages, on the other hand, compensate for intangible losses such as pain and suffering, emotional distress, and loss of consortium, which refers to the deprivation of the benefits of a family relationship due to injuries.
Unlike compensatory damages, punitive damages do not seek to compensate the injured party for their losses. Instead, they are designed to punish the wrongdoer for their malicious or intentional acts and to deter others from committing similar actions in the future.
In California, punitive damages are awarded under specific circumstances. According to the California Civil Code 3294, punitive damages may be awarded when the defendant is found guilty of malice, oppression, or fraud. This means that the defendant’s conduct was despicable and harmed the plaintiff above and beyond the actual damages.
The primary difference between compensatory and punitive damages lies in their purpose. Compensatory damages aim to make the injured party whole again by reimbursing them for their losses, while punitive damages are designed to punish the at-fault party and deter similar conduct in the future.
Another key difference is the frequency of their award. Compensatory damages are a common outcome in personal injury cases, whereas punitive damages are awarded less frequently.
Understanding the difference between compensatory and punitive damages can have a significant impact on your personal injury case. It influences how you approach your case and what kind of compensation you may expect to receive. While compensatory damages are commonly awarded in personal injury cases, punitive damages are less frequent and are typically reserved for cases involving extreme negligence or intentional harm.
At The Law Office of Scott Righthand, P.C., our team of experienced attorneys is dedicated to helping our clients understand these differences and navigate the complexities of their personal injury cases. With over 35 years of experience, we have helped countless individuals obtain justice and secure the compensation they deserve. Contact us today for a case evaluation.