Different Types Of Damages

What is punitive damages

Punitive damages explained

If a person was to file a case against his neighbor in court, stating that the latter is a drunkard who regularly damages the former’s garden, such a case will proceed till the court reaches a decision. If the court agrees with the plaintiff, then the defendant (the drunken neighbor), will have to pay a sufficient amount of money as damages. The neighbor in this case would after that, the neighbor would think twice before getting drunk and causing havoc, being aware of the damages that are leviable.

Different types of damages are used in courts, according to the circumstances in play at the time. Punitive damages do not fit the description of the usual damages. So, what is punitive damages? Here are some interesting details regarding the different types of damages that a defendant will have to pay, if found guilty in a court of law.

What is punitive damages?

Punitive damages are different from other forms of damages, in the sense that they are not intended as a recompense for the damages caused. Instead, they are a way by which the court punishes the defendant, in cases where the court deems that the monetary fines given to the defendant are not enough punishment. The court thus imposes further punishment on the defendant, referred to as punitive damages. These are meant as a sort of warning to other people, and are usually awarded in cases where the court feels the behavior of the defendant was not fit for a normal society.

Pain and suffering damages

These types of damages are usually awarded in cases where the victim had to suffer physical pain or mental anguish, which is usually the case in personal injury cases.

Compensatory damages

If the victim was to suffer financial losses associated with the injury caused by the defendant, then the damages that are awarded by the court are termed as compensatory damages. These types of damages are meant to cover losses incurred as property damage, medical bills or other costs.

Compensatory damages

What are punitive damages?

Lost wages

If the victim was to loss wages due to not being able to attend work, owing to the wrongdoing of the defendant, then the victim can be awarded damages for the wages lost.

There are some other types of damages too, but these are the most common types of damages awarded in a court of law. Damages can thus, effectively, be a form of punishment as well as a method to recoup some money lost.

How To Claim Punitive Damages Among Other Damages

what is punitive damages

what is punitive damages and claims

We are living at a time when anyone can sue anyone else for anything. The notion expressed here may not be of ruthless, unlawful claims but to the contrary, it could be one if the end does not justify the means. In order to be claiming for just reasons, ensure whether the following elements are present in your claim.

  • Know what a small claim is and if yours fall under the category, sue for the small amount which is well within the ceiling for small claim. It is suggested that you check with your state laws on this as the cause varies from state to state as you will be representing yourself without an attorney.
  • The claims usually addressed by small claims courts involve filling out forms and paying relevant fees. Here the case is represented without an attorney and hence does not involve attorney fees. 
  • If you find that you are not in a position to defend yourself, you may appoint a small claims attorney to defend you or approach a free legal services body. 
  • Collect all relevant data that justify your claim including proof that the financial loss you have suffered on the premise of the damage or inconvenience caused to you by the defendant. When a claim is against anyone for anything, you may include all financial losses and punitive damages. But before suing for punitive damages, know what is punitive damages.
  • Let the claim include compensatory damages and damages for pain and suffering. Make your claim appear big, for you are the one to judge what loss you have had to suffer.
  • Include the element of negligence- the boon in disguise to claimants of damages. Demonstrate that the action of the defendant was nothing short of sheer negligence besides being intentional. This way you get damages and he, a few good lessons! This is not very easy to prove though as there are many

    compensatory damages

    what is punitive damages in civil law

  • If your cause is not substantiated suitably by evidence or argument, the court may find the cause of action unfit for a claim and may summarily reject same in which case you must be prepared to pay for your cost as well as your opponent’s. Your suit may be found frivolous and for wrongful gains. The court may condemn you for wasting the time of the court and the other party.

Courts work on the basis of evidence provided and proved. Making up evidence is tantamount to a criminal act. So, stay within the facts to be safe.