A person who suffered an injury, property damage or any other kind of loss may seek compensation. The legal term for compensation is “damages.” A victim has the right to claim for compensation for all financial losses incurred from the date of the accident until the case is settled and losses likely to be acquired after the case is settled.
Perth plaintiff injury law firm Separovic Injury Lawyers noted that damages come in two major categories: compensation and punitive damage.
Compensatory vs. Punitive
Compensatory damages provide victims with a monetary amount. This category covers physical property loss, emotional distress, pain and suffering. The plaintiff needs to prove that a loss occurred and it was attributable to the defendant to receive compensatory damages.
Meanwhile, punitive damages are awarded to punish the defendant, not to compensate the plaintiff. Its purposes are to punish the defendant for the misconduct and to deter the defendant and others from similar misbehaviour in the future.
Kinds of compensation available to a plaintiff
The types of damages available in a personal injury claim can differ, depending on the situation and the injury to the victim. These are:
General Damages – The term addresses harm that is “generally” sustained in an injury. The most common types of general damages are emotional and physical pain, along with the loss of a loved one’s companionship.
Special Damages – This is awarded to repay the injured person for financial losses suffered.
Wrongful Death Damages – The victim’s family may sue the defendant and demand funeral and burial expenses, the cost of pre-death medical care, and loss of services and support.
Most defendants refuse to pay damages, however. This is why consulting a personal injury lawyer would be advisable during the collection. When it comes to fighting for your rights, be sure to work with someone you can trust.