The two basic categories of damages awarded in personal injury claims are compensatory and punitive. There are many different types of compensatory damages but broadly speaking, they are broken down into general or special damages.
Can you sue someone for physical damage?
A legal remedy for physical harm can come through the filing of a personal injury lawsuit in court, or via an insurance claim filed with the at-fault party’s insurer (or in some cases, filed with your own insurer). (Learn more about filing an injury claim.)
What are the three types of damages available in a civil case?
There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive. An attorney can estimate how much your claim may be worth based on your damages.
What are punitive damages in a civil case?
Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.
What happens if you win a civil case in court?
When you “win” a civil case in court, the jury or judge may award you money damages. In some situations the losing party against whom there is a judgment (also known as a debtor), either refuses to follow the court order or cannot afford to pay the amount of the judgment.
How are damages recoverable in a civil lawsuit?
The idea of compensating someone for his losses has always been at the heart of civil law. If a wrongdoer behaves in a way that causes harm to someone’s person, property or interests, the law seeks, through money damages, to restore him to the position he had before the incident.
Can a person be awarded punitive damages in a lawsuit?
A person seeking punitive damages must meet a very high standard of proof in order to qualify for a punitive award. A punitive damage award can far exceed the amount of compensatory damages awarded. States limit punitive damage awards in different ways, some even capping the amount that can be recovered.
Can you sue for damages in a criminal case?
Tort lawsuits are a type of civil law case. They are not criminal cases involving prosecution. In some cases, there may also be criminal charges against the defendant of a tort case. For example, if a drunk driver strikes your vehicle and causes your injuries, you might sue for damages to pay your medical bills and lost wages.
