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Types of Legal Damages

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<html> <head> <title>Types of Legal Damages</title> </head> <body> <h1>Types of Legal Damages</h1> <div class="info">Author: <a href="http://www.goinglegal.com/author_1_190719.html">Carolyn Ria</a></div><div class="body"><span style="font-weight: bold;">Compensatory damages</span><br /><br /> <a href="http://www.pascofllawyer.com/">Compensatory damages</a> are derived from the word "compensate," meaning "to make up for" or "to make whole." Generally, these damages can be broken up into two sub-categories actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred or financial losses sustained. Actual damages typically include:<br /><br /> <br /><br /> <ul><li> Cost of rental car or substitute transportation</li><li>Cost to replace or repair damaged property</li><li>Medical and hospitalization bills incurred to treat your injuries</li><li>Wages lost due to work missed while you recuperate</li><li>Costs of household or nursing help during recovery, including costs of a wheelchair or crutches required<br /><br /> </li></ul>As noted, <a href="http://www.pascofllawyer.com/">injured victims</a> can also sue for general damages in addition to actual damages. General damages include the things that can't be precisely documented in dollars spent, including:<br /><br /> <br /><br /> <ul><li>Value of medical expenses you are likely to incur in the future</li><li>Value of wages you are likely to lose in the future</li><li>Pain and suffering endured due to injuries and any subsequent mental anguish</li><li>Loss of consortium (benefits of a relationship)</li><li>Loss of opportunity</li><li>Disfigurement resulting from injuries</li><li>Permanency of injury and resulting pain and suffering</li></ul><br /><br /> <span style="font-weight: bold;">Punitive damages</span><br /><br /> In addition to compensatory damages, <a href="http://www.pascofllawyer.com/">punitive damages</a> may be awarded in certain cases. Punitive damages are not based on actual injuries sustained; they are designed to be a deterrent or punishment for outrageously negligent behavior. The idea is that the behavior is so egregious that a civil court penalty has to be warranted in order to deter the defendant from committing the same act again in the future.<br /><br /> <br /><br /> In Florida, there is a cap on the amount of punitive damages you are entitled to. Punitive damages are limited to three times the amount of compensatory damages. Fla. Stat. § 768.73. However, if a defendant has a specific intent to harm the claimant and the fact-finder determines that the defendant's conduct did in fact harm the claimant, there is no cap on punitive damages.<br /><br /> <br /><br /> <span style="font-style: italic;">Here is an example:</span> If an amusement park fails to inspect and repair a broken track on one of its rides, knowing of the problem and associated dangers, and severe injury or death results, the plaintiff may ask for hefty punitive damages to penalize the park.<br /><br /> <br /><br /> <br /><br /> <span style="font-weight: bold;">Nominal damages</span><br /><br /> Nominal damages are minimal damage awards acknowledging that the plaintiff was legally wronged, but also with the understanding that they were not actually harmed or injured in any way. Nominal damages are normally very small awards, and are allowed only in cases where actual injury is not required to be shown, such as with intentional torts.<br /><br /> <br /><br /> <span style="font-style: italic;">Here is an example:</span> If you are intentionally pushed by someone in a forceful and offensive manner, thus constituting the tort of battery, but you suffer no actual physical injury, you may be entitled to a minimal award of nominal damages.<br /><br /> <br /><br /> <a href="http://www.pascofllawyer.com/">Attorneys in Clearwater</a><br /><br /> <br /><br /> <span style="font-weight: bold;">Attorneys' fees and court costs</span><br /><br /> In addition to damages, a successful plaintiff may possibly recover court costs incurred. Court costs include the cost of filing fees, process server fees, deposition transcripts, court transcriptions, and translators. Attorneys' fees are generally not included as part of a successful plaintiff's recovery, but there are special circumstances where a plaintiff can negotiate to have these fees covered as part of an agreement.</div> <div class="source">Article Source: <a href="http://www.goinglegal.com/types-of-legal-damages-1166087.html">http://www.goinglegal.com/types-of-legal-damages-1166087.html</a></div> <div class="author"> <div class="authorBio"></div> <div class="authorUrl"><a href="http://pascofllawyer.com" target="_blank">http://pascofllawyer.com</a></div></author> </body> </html>

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Types of Legal Damages Author: Carolyn Ria Compensatory damages Compensatory damages are derived from the word "compensate," meaning "to make up for" or "to make whole." Generally, these damages can be broken up into two sub-categories actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred or financial losses sustained. Actual damages typically include: Cost of rental car or substitute transportationCost to replace or repair damaged propertyMedical and hospitalization bills incurred to treat your injuriesWages lost due to work missed while you recuperateCosts of household or nursing help during recovery, including costs of a wheelchair or crutches required As noted, injured victims can also sue for general damages in addition to actual damages. General damages include the things that can't be precisely documented in dollars spent, including: Value of medical expenses you are likely to incur in the futureValue of wages you are likely to lose in the futurePain and suffering endured due to injuries and any subsequent mental anguishLoss of consortium (benefits of a relationship)Loss of opportunityDisfigurement resulting from injuriesPermanency of injury and resulting pain and suffering Punitive damages In addition to compensatory damages, punitive damages may be awarded in certain cases. Punitive damages are not based on actual injuries sustained; they are designed to be a deterrent or punishment for outrageously negligent behavior. The idea is that the behavior is so egregious that a civil court penalty has to be warranted in order to deter the defendant from committing the same act again in the future. In Florida, there is a cap on the amount of punitive damages you are entitled to. Punitive damages are limited to three times the amount of compensatory damages. Fla. Stat. § 768.73. However, if a defendant has a specific intent to harm the claimant and the fact-finder determines that the defendant's conduct did in fact harm the claimant, there is no cap on punitive damages. Here is an example: If an amusement park fails to inspect and repair a broken track on one of its rides, knowing of the problem and associated dangers, and severe injury or death results, the plaintiff may ask for hefty punitive damages to penalize the park. Nominal damages Nominal damages are minimal damage awards acknowledging that the plaintiff was legally wronged, but also with the understanding that they were not actually harmed or injured in any way. Nominal damages are normally very small awards, and are allowed only in cases where actual injury is not required to be shown, such as with intentional torts. Here is an example: If you are intentionally pushed by someone in a forceful and offensive manner, thus constituting the tort of battery, but you suffer no actual physical injury, you may be entitled to a minimal award of nominal damages. Attorneys in Clearwater Attorneys' fees and court costs In addition to damages, a successful plaintiff may possibly recover court costs incurred. Court costs include the cost of filing fees, process server fees, deposition transcripts, court transcriptions, and translators. Attorneys' fees are generally not included as part of a successful plaintiff's recovery, but there are special circumstances where a plaintiff can negotiate to have these fees covered as part of an agreement. Article Source: http://www.goinglegal.com/types-of-legal-damages-1166087.html About the Author: http://pascofllawyer.com

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