Chicago Personal Injury Lawyer - Article

Punitive and Compensatory Damages

The primary goal of any personal injury claim is to win compensation for the plaintiff in the form of damages against the defendant. The damages sought in a lawsuit must be fully understood and carefully planned if the claim is to be successful. The law provides for two distinct classes of damages in personal injury lawsuits: compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages are awards intended to return the plaintiff to the state in which he would have been, had his injuries never occurred; in other words, to make a plaintiff “whole” again. There are two types of compensatory damages.

Special Damages

Special damages are specific awards which are tied to a plaintiff’s concrete, quantifiable injuries. Examples of these include medical expenses, lost wages, property damages, and future economic i.mpact. Special damages are typically calculated to directly and proportionately compensate a victim for his or her losses.

General Damages

General damages are awarded as compensation for a plaintiff’s non-quantifiable injuries. Examples include pain and suffering, mental anguish, loss of companionship, and emotional trauma. Determining the correct amount of general damages to award can be a difficult and subjective task, as there is no universal formula for converting emotional pain into a monetary sum.

Punitive Damages

The law also recognizes that the severity of a defendant’s actions may not always be adequately addressed by compensatory damages alone. Punitive damages are intended to “bridge” this gap and deter the defendant from being negligent in the future.

Like general damages, punitive damages are difficult to quantify, and are thus at the center of ongoing controversy. Advocates of tort reform usually feel that punitive damages are excessive, unjustified, and unfair – an impression borne out by several highly publicized cases. Studies have shown, however, that most punitive awards are relatively small, totaling no more than a few thousand dollars.

Chicago personal injury lawyers Friedman & Bonebrake, P.C. can help you recover the maximum amount of damages for the injuries you have suffered because of another person’s negligent behavior. Call them today at 312-466-8200 to discuss your case.