18 Sep Personal Injury Settlements: Compensatory versus Punitive Damages
When a personal injury lawsuit is filed and the judge or jury rules in favor of the plaintiff (i.e., the person who was injured), the plaintiff will typically be awarded a personal injury settlement in an effort to compensate him or her for the suffering and losses (s)he sustained due to the injury in question. When determining the amount of a personal injury settlement, the judge presiding over the case will take into account a number of factors, some of which include (but are not limited to):
- The nature and severity of the injuries sustained
- Whether the plaintiff has suffered permanent or irreversible injuries (such as brain damage, loss of a limb, paraplegia, etc.)
- Whether there are multiple plaintiffs in the case (i.e., the case is a class-action lawsuit)
- Whether the defendant failed to mitigate the risk to the plaintiff.
Regardless of the amount of the personal injury settlement that is ultimately awarded in a given case, this settlement will generally include:
- Compensatory damages, which are awarded to compensated injured parties for all financial losses they have injured as a result of their injuries. This can include compensation for medical bills (prior and ongoing), lost wages, property damage, etc.
- Punitive damages, which are awarded above compensatory damages and are intended to punish the defendant as a sort of deterrence from causing similar injuries in the future (It’s important to note that punitive damages may not be available or awarded in some types of personal injury lawsuits).
Phoenix Personal Injury Lawyers
If you or a loved one has suffered from any type of personal injury and suspect that another party’s negligence or recklessness may be to blame, the Phoenix personal injury lawyers at the Law Office of Richard Langerman will fight to help you obtain the maximum possible compensation you deserve to cover your pain and suffering, lost wages, and medical bills. We have extensive experience representing clients both inside and outside of the courtroom against defense attorneys, corporate lawyers and insurance company agents alike.
Our attorneys have a reputation for protecting our clients’ rights, ensuring they obtain the compensation they deserve. Because we accept cases on a contingency basis, you will pay no attorney fees unless we recover financial compensation for you. To learn more about your legal rights and receive a free initial consult, contact us today by calling (602) 240-5525.