What Are Considered Compensatory Damages in a Personal Injury Case?
After an accident, you may be full of questions and confusion about how to seek out damages, and what sort of damages you should pursue. You may also be so overwhelmed with expenses such as medical bills, wage loss, or property damage, that seeking legal action seems burdensome. You should know that you may be able to seek out compensatory damages with the help of one of our attorneys. If you or a loved one live in the San Antonio area and need help with your personal injury case, get in contact with the best San Antonio personal injury attorneys who can talk to you about your case immediately.What are Compensatory Damages?
Personal injury damages fall into two categories: compensatory and punitive. Most personal injury lawsuits are settled out of court, meaning your lawyer and the other party will come to an agreement about compensatory damages that is satisfactory. Punitive damages are reserved for cases of extreme or purposeful negligence.
Compensatory damages represent the money awarded to the injured party in a lawsuit to compensate for damages, injury, or other losses. Compensatory damages are awarded in civil court cases when loss occurred due to negligence or unlawful conduct.
To receive compensatory damages, the injured party must prove that a loss occurred and can be attributed to the negligent party. Talk to one of our San Antonio accident attorneys about what evidence you need for a successful personal injury case.
If you have questions about your case, such as “What are considered compensatory damages in a personal injury case?”, we can help you clear up any confusion you may have.Understanding Compensatory Damages
If you are pursuing action for your San Antonio personal injury case, there are two types of compensatory damages you should know about:
- Actual - Actual damages are intended to provide funds for what was actually lost and nothing more. Examples include medical expenses, physical therapy, nursing home care, and lost wages. To receive actual compensatory damages, the injured party must prove that their losses equate to the definated monetary value.
- General - These damages are non-economic. They are more complex because they don’t represent monetary expenditure. Some courts use the multiplier method, which calculates general damages by multiplying the sum of one’s actual damages by a number appropriate to the severity of the accident. Other courts use the per diem method, which attaches a dollar value to each day the injured party suffers and adds up the sum of days. These damages may include: mental anguish, future lost wages, disfigurement, loss of enjoyment of life.
What are considered compensatory damages depends on the specifics of your case. They can range from loss of consortium, to transportation, to property repair. This is why it is important to talk to a lawyer as soon as possible after your injury.
To win your personal injury claim, it is important that you and your attorney develop your case so that it accurately demonstrates the economic and non-economic damages that have affected you. This will require the help of San Antonio accident attorneys who have the legal expertise and financial resources you want on your side. At Carabin Shaw, we have qualified experts for personal injury cases, whether you need a medical profession to an accident reconstructionist.Want to consult with the best San Antonio personal injury attorneys? Call us today.
We represent clients across Texas and New Mexico, and we prioritize providing our clients with the best legal representation. We will handle your case with a high level of care and fight for what is yours so that you can focus on your health and family.
If you want to know what are considered compensatory damages in a personal injury case, Carabin Shaw can help. To discuss your San Antonio personal injury case, call us at 210-222-2288 for a free initial consultation.