A wrongful death claim provides damages for surviving family and loved ones. The most common wrongful death damages include:. Punitive damages are only awarded to an injured plaintiff when the wrongful behavior of the defendant was despicable or reprehensible.
A common scenario where punitive damages are awarded arises when a defendant is found guilty of wanton or malicious acts or of fraud. These acts might include aggravated battery , sexual assault , or fraudulent behavior that causes widespread financial harm.
Occasionally, in high-profile injury cases such as those involving defective products or health risks linked with prescription drugs , juries will award punitive damages against product manufacturers and other defendants who have "deep pockets. Receiving the damages award and actually collecting the money, however, are two very different things.
Defendants on the hook to pay a damages award may or may not be able to satisfy the entire award and might be unwilling to pay it at all. A plaintiff's attorney can help with the collection process by discovering undisclosed assets, placing liens on property, and even garnishing wages.
Also providing motivation for defendants who owe damages is the fact that interest accrues on most damages awards until they are paid in full. If the defendant responsible for paying damages has liability insurance, the insurance company will usually pay a valid damages award or settlement without hassle, up to the liability limits. Browse All Personal Injury Topics ».
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Lawyer Directory. Compensatory damages are intended to compensate the plaintiff of a lawsuit with enough money to cover the actual amount of the injury or loss. There are two basic types of compensatory damages, actual and general. Actual damages are intended to provide the monetary amount necessary to replace what was lost and nothing more. To be awarded actual compensatory damages, the plaintiff must prove that the losses suffered equate to a monetary value that a judge or jury can determine.
They refer to noneconomic, intangible and estimated losses related to an accident. Special damages are actual damages you incurred in the accident. Actual damages intend to provide a monetary award to replace what was lost — nothing more. The money you spent on any aspect of your accident, personal injury or claim could become part of the economic damages you demand from the defendant. A lawyer in Southern California could help you prove the value of your special damages using available evidence and documentation.
You or your lawyer will need to prove the losses you suffered have a real monetary value that a judge or jury can calculate. The amount awarded in general damages is up to the jury during a personal injury lawsuit. Most personal injury lawsuits seek special and general damages. It is less common, although not unseen, to only bring a claim for general damages. It might be appropriate for a plaintiff to only pursue noneconomic damages if he or she witnessed a traumatic accident, such as the death of a loved one, but was not injured in the accident.
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