Compensatory Damages

Understanding Compensatory Damages:

Compensatory damages play a role in addressing injuries, losses, and damages due to the negligence or wrongful actions of another party.

Here are a few examples of Compensatory Damages:

  • Medical and hospital bills
  • Expenses related to medical treatments
  • Costs associated with rehabilitation
  • Fees for physical therapy
  • Ambulance charges
  • Prescription drug expenses
  • Nursing home care fees
  • Domestic services expenditure
  • Costs for medical equipment
  • Compensation for lost wages or employment income
  • Increased living expenses
  • Expenses for property replacement or repair
  • Transportation-related costs

How do I get paid for these damages?

To receive actual compensatory damages, you must provide evidence that proves without a shadow of a doubt your losses have a defined and factual monetary value. These damages are supposed to restore the injured party’s financial burden brought on by the accident.

How would I calculate damages?

Multiplier Method: Multiply the total of one’s actual damages by representing the severity of the injury.

Per Diem Method: Assign a daily cash value to the plaintiff’s suffering and add the values together.

General Compensatory Damages:

General compensatory damages typically do not involve direct monetary expenses as seen in the list below:

  • Mental anguish
  • Disfigurement
  • Anticipated future medical expenses
  • Prospective lost wages
  • Long-term physical pain & suffering
  • Loss of consortium
  • Inconvenience
  • Diminished enjoyment of life
  • Missed opportunities

Different Kinds of Damage Compensations:

Compensatory Damages are intended to pay the plaintiff for their actual losses. The aim is to restore the injured party to their pre-incident financial state. Punitive Damages are meant to punish the defendant and serve as a way to prevent similar actions from reoccurring. Treble Damages are often brought on when a defendant willfully violates a law.

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