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Compensatory Vs Punitive Damages | Knowing The Difference

how much is my case worth?

People in New York often turn to civil court to recover losses for medical bills and treatment, or to obtain compensation for pain and suffering after being injured in an accident. If the court finds in favor of the plaintiff (the victim), they will receive monetary compensation for their losses, including property damage. There are two types of damages that can be awarded to a victim. These are called “punitive damages” and “compensatory damages.”

what kind of case solution can i get?

compensatory and punitive damages

  • Compensatory damages awarded to plaintiffs are designed to bring them justice after they have been wronged.
  • Punitive damages are designed to prevent others from being hurt by the same or similar actions.
  • If someone’s behavior or actions were negligent, you have the right to file a lawsuit seeking damages for your injuries or losses. You may be wondering how much your case could be worth. This is not always so easy to determine at first because all the facts must be gathered, the current and future effects of the injuries evaluated, and how the negligence affects the quality of life in the future. and a legal case is built. For example, average car accident personal injury settlements will vary based on a variety of factors, which are discussed in our post on average car accident settlements.

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    “Before filing suit, it is important to consult with an attorney who can review the circumstances, evidence, and any other important information. If you have suffered a personal injury, wrongful death, or other types of damages, the compassionate personal injury attorneys at O’Dwyer & bernstien will help him get the justice and closure he deserves.”

    victor greco – personal injury attorney – o’dwyer & bernstien

    what are punitive damages?

    punitive damages are also called “exemplary damages,” which are damages assessed in the legal process to punish a defendant for negligence. the defendant is usually a company or other large entity. Examples would be medical malpractice cases or product liability cases. For example, suppose a business sells a product that they know is defective or likely to cause injury so that they can still benefit from it, they could be ordered to pay punitive damages if it is proven that they were negligent in their decisions to sell these products.

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    People can also be ordered to pay punitive damages who injure another person because of negligent behavior. examples of this would be drunk driving or distracted driving. in both cases, the defendant would have made a conscious decision to engage in behavior that could easily harm another person. It can even include violating New York City’s anti-discrimination employment laws.

    Punitive damages are generally imposed to make an example of the negligent party to deter others from behaving in the same way or committing similar wrongful behavior. while the intent and purposes of punitive damages imposed on a business are not designed to compensate the plaintiff, they will receive monetary compensation. if a court orders punitive damages, they are essentially punishing the defendant, who must pay the designated amount of money and serve it on the plaintiff.

    what are compensatory damages?

    compensatory damages are designed to compensate plaintiffs for actual losses they have experienced. This type of award may be to reimburse them for medical treatments, medical bills, or any future expenses they may have due to an injury they sustained due to the negligence of another person or entity. these are generally known as actual damages.

    When a court orders compensatory damages from a plaintiff, two different types of awards may be awarded:

    special damage:

    These are awards that are tangible and easy to calculate because they are based on the actual expenses incurred by the victim due to an injury caused by an incident, including, but not limited to, car and truck accidents. In addition to medical expenses, victims may receive compensation for lost wages, property damage, or court out-of-pocket costs and litigation related to the negligence. The amount awarded to a plaintiff is quite simple because these losses can be easily proven and are supported by physical evidence.

    general damage:

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    These damages are more difficult to calculate because they are subjective. In personal injury cases, the immediate losses may be apparent, but the long-term effects are often not visible. there is emotional distress, pain and suffering, post-traumatic stress disorder, disfigurement, reduced life expectancy, and any long-term medical treatment and care for injuries that are slow to appear (ie, concussions or traumatic brain injuries). even an injury such as defamation can be considered qualified for general damages. Another example that would qualify for general damages is when someone has trouble building relationships after their injury. this is known as “loss of consortium”.

    “Most courts will base the general damages they award in accident cases on the severity of the accident or injury. the more serious an accident or long-term or permanent injury, the amount of money awarded to the plaintiff generally increases.”

    victor greco – personal injury attorney – o’dwyer & bernstien

    what to do if you are the victim of someone else’s negligence?

    If you, or someone you love, has been injured in New York due to someone else’s negligence, you have rights. The best thing to do is contact a personal injury attorney right away. Although New York State has a three-year statute of limitations to file, the sooner you start laying the groundwork for a potential lawsuit, the better. if you wait too long, any evidence related to the accident can be fixed and it will be harder to prove.

    The knowledgeable and caring attorneys at the law firm of o’dwyer & Bernstien has been defending personal injury victims for more than 100 years. Our attorneys are thoroughly familiar with the intricacies of New York State law and will know how to expertly build a case to ensure you receive justice. We firmly believe in the rights of victims and will vigorously fight to ensure that these rights are respected.

    For decades, many New Yorkers have turned to o’dwyer & bernstien to help them after an accident or injury. To learn more about filing a lawsuit or receiving compensatory and/or punitive damages for your suffering, call us today at 212-571-7100 or contact us online. We offer a free consultation related to any type of personal injury.

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