Call Now • Open 24/7Compensatory Damages vs. Punitive Damages: Knowing the Difference
When it comes to personal injury cases, understanding compensatory and punitive damages is crucial. Compensatory damages are intended to compensate the victim for their losses, while punitive damages are awarded to punish the defendant for their negligent or intentional misconduct.
At Welcenbach Law Offices, we recognize the importance of navigating this complex legal landscape to ensure our clients receive fair compensation for their losses. With our dedicated team of experienced personal injury attorneys, we provide compassionate and professional representation.
Contact a Milwaukee personal injury lawyer from Welcenbach Law Offices for a free consultation, and let us advocate for your rights.
What Are Compensatory Damages?
In a personal injury case, compensatory damages are awarded to the plaintiff to compensate them for the losses they have suffered due to the defendant’s negligence or intentional actions. These damages are designed to make the victim “whole” by providing financial compensation for various aspects of their injuries.
Compensatory damages can cover various losses, including medical bills, lost wages, property damage, and pain and suffering. For instance, if a person is injured in a car accident caused by someone else’s negligence, they may be entitled to compensatory damages to cover their medical expenses and the income they lost due to their injuries.
What Are Punitive Damages?
In a personal injury case, punitive damages are a type of damages awarded to the plaintiff beyond compensatory damages. Unlike compensatory damages, which aim to compensate the victim for their losses, punitive damages are meant to punish the defendant for their reckless actions and deter others from acting similarly. These damages are awarded when the defendant’s actions exhibit gross negligence, intentional misconduct, or recklessness.
For example, in a medical malpractice case where a healthcare provider’s actions resulted in severe harm, punitive damages may be awarded to punish the defendant and deter future negligence. Punitive damages are additional and awarded in addition to compensatory damages.
At Welcenbach Law Offices, our skilled personal injury attorneys are familiar with the intricacies of punitive damages and will advocate for your rights.
Compensatory vs. Punitive Damages
In a personal injury case, both compensatory and punitive damages may be awarded. The key distinction lies in their intent and purpose.
Compensatory damages are intended to compensate the victim for their losses and make them whole again. These damages cover tangible losses such as medical bills, property damage, lost wages, and intangible losses like pain and suffering. The goal is to financially compensate the victim for the harm caused by the defendant’s negligence or intentional actions.
On the other hand, punitive damages serve a different purpose. They are designed to punish the defendant for their egregious conduct and deter others from acting similarly. Punitive damages go beyond compensation and are awarded when the defendant’s behavior is deemed particularly negligent, reckless, or intentional.
For example, if a drunk driver causes a severe accident resulting in life-altering injuries, the victim may be entitled to compensatory damages to cover medical expenses and ongoing care. In addition, punitive damages may be awarded to punish the defendant’s reckless behavior and discourage others from driving under the influence.
How Are Damages Calculated in a Personal Injury Case?
Calculating damages in a personal injury case involves considering various factors to determine fair compensation. Both compensatory and punitive damages play a role in assessing the value of a claim. Your lawyer can calculate your compensatory damages by totaling the monetary losses resulting from the accident. They can also calculate non-economic damages, like pain and suffering, using various methods.
On the other hand, courts will decide whether or not to award you punitive damages. They will consider factors like the severity of negligence and the defendant’s conduct when determining punitive damages. Consulting an experienced personal injury attorney, like us at Welcenbach Law Offices, can ensure a comprehensive evaluation of damages and maximize your entitled compensation.
Contact a Milwaukee Personal Injury Lawyer Today
While compensatory damages aim to compensate victims for their losses, punitive damages serve to punish the defendant. In order to ensure you are fairly compensated for your economic, non-economic, and punitive damages, it is important to work with an experienced personal injury lawyer.
At Welcenbach Law Offices, we advocate for our clients and ensure they receive the compensation they deserve. Our experienced team of injury attorneys is ready to provide quality legal assistance tailored to your unique situation.
Contact us today for a free consultation, and let us help you seek justice and secure maximum compensation for your losses.
Author Bio
Robert Welcenbach is an Owner and Partner at Welcenbach Injury Law, a family-owned personal injury law firm in Milwaukee, WI. With more than 24 years of experience practicing law, he seeks justice for clients in a wide range of legal areas, including car accidents, class actions, dog bites, nursing home abuse, and other personal injury matters.
Robert received his Juris Doctor from the Marquette University Law School and is a member of the State Bar of Wisconsin. He has received numerous accolades for his work, including being nominated and selected as a Milwaukee Personal Injury and Class Action Super Lawyer every year since 2008.