Damages Legal Definition
Posted February 6th, 2021 by Anthony Carbone.
Categories: Legal Topics.
In the legal world, damage is defined as the harm or loss resulting from injury to a reputation, person, or property. On the other hand, damages refer to the compensation, for instance, monetary judgment, offered to someone who has sustained harm or loss due to an unlawful act. The faulty party must compensate (pay) the one injured for his/her losses, i.e., the damages he/she caused.
If you’ve sustained an injury because of another person’s negligence in Jersey City, the experienced North Bergen Personal Injury Attorney is ready to fight on your behalf. Reach out to the Law Offices of Anthony Carbone today through mobile.
What Are Categorized As Damages?
Damages are a crucial concept under the law since unless the party incurs damage(loss), they are not viable to receive damages (monetary compensation). For a personal injury case, particularly in medical malpractice where there are missed symptoms of a disease. The plaintiff will have to prove that it was the practitioner’s negligence of missing the symptoms that resulted in him/her sustaining the damage.
Suppose the practitioner can successfully defend him/herself and prove that the illness would have caused the same form and extent of damage despite being diagnosed correctly. In that case, the plaintiff will not qualify for compensation as the damage wasn’t because of the practitioner’s negligence.
What Are Compensatory Damages?
Compensatory damages are money awarded to the plaintiff whose sustained loss because of another person’s unlawful conduct or negligence. Compensatory damages can be grouped into general and special damages, where general damages are meant to compensate the plaintiff for loss incurred because of the defendant’s irresponsible actions. On the other hand, special damages are determined by assessing the plaintiff’s quantifiable financial loss.
What Are Exemplary Damages?
Although compensatory damages compensate the plaintiff, punitive or exemplary damages penalize the defendant, to discourage outrageous conduct that would result in a lawsuit. Nevertheless, the plaintiff still receives a portion of the punitive damage awards.
Personal Injury Compensation
The amount and type of compensation you may be entitled to receive will vary according to the nature of your case. The typical examples of damages include:
- Economic injuries, for instance, lost income because of missing work or reduced earning capacity.
- Property destruction.
- Pain and suffering.
- Medical-related expenses, including hospital stays, at-home care, emergency treatment, prescription drug costs, rehabilitation costs, and many more.
If the court rules out that the faulty party’s actions were intentional, you may receive punitive damages. What’s more, if you lost a loved one because of another person’s negligence, Attorney Anthony Carbone will help you file a wrongful death suit against the party responsible. Even though money will not bring back the person, it can help relieve the financial strain.
How To Get Legal Help?
Jersey City Personal Injury attorney Anthony Carbone has represented various clients who sustained an injury due to negligence or misconduct in multiple areas. He aggressively pursues personal injury claims against parties that are reluctant to provide their victims fair compensation.
If you or your loved one requires help filing his/her personal injury claim, you should call the Law Office of Anthony Carbone (201-733-2230) to schedule a free consultation.