Knowing the differences between compensatory and punitive damages is a must when it comes to legally seeking reimbursement for injuries caused by another person or party. If your injuries have left you fully or partially disabled, we can seek compensation for the physical harm (also known as loss of enjoyment of life). Damages from physical disability are intended to compensate you for the ways in which your physical, mental and emotional injuries have made it impossible or less enjoyable to participate in activities you enjoy, such as hobbies and recreational activities, such as sports and exercise. Disfigurement damages compensate you for negative changes in your appearance as a result of injuries, such as loss of limbs, burns, or scarring.
Under the rule of pure comparative negligence, the state allows the plaintiff to claim compensation for the 1% of whom he is not at fault, even when he is 99% at fault. For example, if a car has a defect and the manufacturer knows that the vehicle's gas tank is likely to explode on impact, but does nothing to change the design out of fear of cost, then their behavior could be classified as deliberate and punitive compensation could be awarded for damages. A personal injury lawsuit is a viable way for injured parties to recover damages suffered due to the action or inaction of another person. For example, if the court assigns 60% fault to the defendant and 40% to the plaintiff, the plaintiff can only recover 60% of the damages, instead of the totality.
Punitive damages are reserved for offending parties who display behavior that is considered to be so reckless or dangerous that it is considered a demonstration of malice or deliberate disregard for the safety, health, and rights of others. Fortunately, Illinois law provides residents with the option of recovering multiple economic and non-economic losses incurred as a result of death by filing a wrongful death lawsuit. There is no fixed formula for calculating punitive damages, and the amount awarded is often left to the court's discretion. These damages are intended to punish the defendant and deter similar conduct in the future, but the money goes to the plaintiff as part of the overall compensation for their injury.
Punitive damages are not considered economic or non-economic, since they are not intended to be compensation for a loss. Punitive damages are awarded to the plaintiff, the person who was harmed by the defendant's behavior. The fact that the person is convicted or acquitted of the charges does not affect their ability to file a wrongful death lawsuit or their right to recover compensation. Consulting with an experienced personal injury attorney can help you understand if punitive damages may be applicable to your case and how they can be calculated.
Accurate damage calculations are essential to ensure fair compensation in negligence cases, which require a thorough analysis of the impact on the plaintiff's financial situation. If an accident causes life-long injuries that can affect your ability to work for the rest of your life, your lawyer may also recommend that you seek compensation for damages to cover the loss of future income.