Types Of Compensatory Damages
Personal Injury Lawyer
If you have sustained a personal injury, you may be eligible for compensation depending on the details of your case. In any personal injury case, there are three types of compensation awards that people seek. The first type of damage award is a compensatory damage award. The second kind of damage award is a punitive damage award. The third is called a nominal damage award. Your damage award will depend on your claim.
This kind of damage award is money someone else has been ordered to pay you as a result of their negligence or carelessness. Even if the other party or parties did not intend to damage, they are still legally responsible for the damage caused. The two kinds of compensatory damages are categorized as economic and non-economic damages. Determining malicious intent is an additional aspect of the case and intent does not play a factor in compensation at the compensatory level. However, if there was malicious intent, it can add additional damage awards in another area.
Herein lies the damage award that includes the nature of intent. If the other party or parties willfully meant to damage or hurt you, that is punished differently, hence the punitive aspect. Punitive damages are often higher awards because of the malicious, often criminal nature of the damages performed. Be sure that your lawyer is aware of any underlying causes of your injury.
Nominal damages are largely symbolic in nature. Nominal damages are what happens when the courts decide the damages you incurred were so insignificant or not noteworthy that the award is minuscule. The dictionary lists nominal as ‘existing in name only’ and ‘very very small’ and that is exactly what the damage award translates to. In nominal damage awards, the compensation is usually only that of a dollar or a replacement of items damaged, etc.
Regardless of the details of your case, it is best to consult with an experienced personal injury lawyer to help determine whether or not you may be eligible for any compensation. If you should desire compensation, your lawyer will be able to help you decide which damage award you should seek based on your injuries and the damages you incurred. Sometimes, you may even be advised to request one or more damage awards.