How Compensatory Damages are Different from Punitive Damages

Individuals harmed by the negligent misconduct of others may take legal action to recover financial compensation for their damages. Car accidents, medical malpractice, slip and fall incidents, and more can all be reasons for filing a personal injury claim. Depending on the injury accident and the extent of the harm that was suffered, several damages may be included in a claim. For example, tangible costs or economic damages like medical bills may be added up and included in a claim. Likewise, intangible or non-economic damages such as pain and suffering may also be in a claim. In some cases, when the behavior of the defendant was egregious, then there could be the potential to obtain punitive damages.

If you were hurt in an accident in Pennsylvania, you can have your case reviewed by our Philadelphia personal injury attorney at Edelstein Martin & Nelson, LLP. Our trained attorneys can evaluate your case and identify all of the damages you sustained so you can obtain the highest amount of compensation from your personal injury claim.

The Difference Between Compensatory and Punitive Damages in a Personal Injury Claim

Compensatory damages serve to make a plaintiff whole again or as close to it as possible after their injury accident. By contrast, punitive damages are meant to punish the defendant for their atrocious behavior. 

The actual losses that a plaintiff sustains, such as missed wages, medical expenses, and emotional distress, are all compensable damages. Punitive damages, though, are not meant to recompense a plaintiff for losses. Instead, punitive damages are a financial penalty for the particularly reckless negligence of the defendant.

A successful personal injury claim will result in some amount of compensatory damages being awarded to the plaintiff. Not every personal injury claim will include punitive damages. In fact, most personal injury claims do not award punitive damages.

A defendant’s actions have to be at a level that is extremely reckless to have punitive damages considered as part of a financial award. However, when it can be shown that actions taken by the defendant that caused the injury or fatal accident are deserving of punishment and punitive damages could also serve as a deterrent to others against the same behavior, then it is likely punitive damages would be part of a financial award to a plaintiff.

To clarify where punitive damages may apply, let’s say a driver is heavily intoxicated and gets behind the wheel. They cause an accident that kills a family. This particular drunk driver has been in legal trouble in the past for drunk driving. The behavior exhibited by the drunk driver is outrageous enough and especially negligent, which is why punitive damages may be warranted in this scenario.

Speak with an Attorney at Edelstein Martin & Nelson, LLP

If another party’s negligent behavior injured you or was why you lost a loved one, then it can be beneficial to have your case reviewed by an attorney. You may be entitled to a financial settlement that includes punitive damages. To learn more, you can schedule a free consultation with our Pennsylvania personal injury attorney at Edelstein Martin & Nelson, LLP today by calling (215) 731-9900. Do not hesitate to contact us for skilled guidance after a life-changing car crash.