What Are Compensatory Damages?
After an injury-causing accident, there are essentially two types of compensatory damages: economic and noneconomic. The purpose of these damages is to provide victims with the money necessary to replace their losses. For more information on what compensation you could eligible for, contact a Ohio personal injury attorney.
If you’ve been hurt in an accident that was not your fault, you may be asking yourself, “what are compensatory damages?” Compensatory damages are intended to provide the victim of a personal injury case with enough money to replace what they lost. To determine whether you are eligible for compensatory damages, contact the Ohio personal injury attorneys of Kisling, Nestico & Redick immediately. We’ll evaluate the specific circumstances of your case and inform you of your legal options and other personal injury FAQ.
Call us today at 1-800-HURT-NOW to schedule a free consultation of your case.
Types of Compensatory Damages
There are two types of compensatory damages: economic and noneconomic. The purpose of economic damages is to provide a victim with the money necessary to replace their losses. Economic damages may include:
- Medical expenses- Treatments, surgeries, emergency room care, rehabilitative care, pharmacy services, and any other medical treatment or procedure that your injury warranted is considered a medical expense that you may be compensated for.
- Lost wages- If your injuries prevent you from working and cause you to lose income, you may receive compensation for your time away from work.
- Loss of future earnings- In the event you are unable to return to work or have to take a lower-paying position because of a partial or permanent disability, you may be compensated.
- Repair or replacement of property- An accident may damage your vehicle, making you eligible for compensation to pay for repairing or replacing it.
Noneconomic damages pay a victim for losses that do not involve actual monetary expenditure. Some examples of noneconomic damages are:
- Mental anguish and emotional distress- Shock, anxiety, depression, grief, and embarrassment are several symptoms of mental anguish and emotional distress that you may experience after a traumatic accident.
- Pain and suffering- Although only you can feel pain if you are a victim, painkiller usage, the type and length of your treatment, and your recovery time can serve as evidence that demonstrates the amount of pain and suffering you’ve endured.
- Loss of enjoyment of life- If you are unable to participate in and enjoy the activities and life pleasures you were able to enjoy prior to your injury, you may receive compensation.
- Loss of consortium- You may no longer enjoy romantic and recreational activities with your partner and other family members due to your injury. If this is the case, you may be compensated for your loss of consortium.
- Disfigurement- Scars or other permanent damages to your body or physical appearance may warrant compensation.
- Lost opportunity- You may be able to recover lost opportunity damages in addition to damages for lost wages and future earnings if you can no longer participate in a business venture that you were part of before your injury arose.
How Do Compensatory Damages Differ From Punitive Damages?
In addition to economic and noneconomic compensatory damages, punitive damages may be available to you. Unlike compensatory damages which are designed to provide you with reimbursement or compensation, the purpose of punitive damages are to punish the negligent party and discourage their wrong behavior in the future.
Punitive damages are only an option in rare cases when the other party’s actions were considered extreme. A personal injury attorney can let you know what type of damages are applicable in your personal injury case.
When Can Compensatory Damages Be Recovered?
You may recover compensatory damages if you were injured in any type of accident or incident that was caused by another party’s negligent actions. At Kisling, Nestico & Redick, our personal injury attorneys have helped victims of the following types of accidents and incidents successfully recover economic and noneconomic compensatory damages.
- Car accidents
- Truck accidents
- Pedestrian accidents
- Slip and fall accidents
- Workplace accidents
- Dog bite attacks
- Medical malpractice
- Defective products
How are Compensatory Damages Calculated?
Compensatory damages were created to put accident victims in the same financial position they were in before the accident that injured them occurred. Therefore, a clear and detailed documentation of losses is necessary to calculate these types of damages. This documentation can include the following evidence:
- Medical bills
- Health records
- Receipts for medications
- Credit card statements
- Proof of lost wages and benefits
It’s vital to understand that compensation may be granted for expenses that a victim has been left with after an accident, in addition to those they sustain in the future as a result of their accident. If you have been injured in an accident that was not your fault, a personal injury lawyer can review your case, consult medical professionals and financial experts, provide you with personal injury resources, and determine the full value of your economic and noneconomic compensatory damages. This information can be used to make sure that you collect the fair compensation you deserve.
Contact Our Ohio Personal Injury Lawyers Today
If you have suffered an injury that was the result of someone else’s negligence, you may be entitled to compensatory damages. Call Kisling, Nestico, & Redick to speak to our highly skilled Ohio personal injury lawyers today at 1-800-HURT-NOW. We will ensure your rights are protected and fight to make sure you obtain the compensation you are owed.