What are Compensatory Damages in a Personal Injury Lawsuit?
If you have suffered personal injury due to the carelessness of another person or entity, you may qualify for compensatory damages. This type of restitution differs from the punitive damages variety in one important respect: Rather than punish the responsible party, it intends only to reimburse you for any harms that you’ve incurred as a direct result of their imprudence or neglect.
The law classifies compensatory damages as either special or general according to whether they do or do not reimburse the victim for monetary loss.
Special Compensatory Damages
Special damages are those that attempt to reimburse you for any financial expenditures engendered by your injuries. Although they will differ from one case to the next, the most common of these costs include:
- Current and future medical bills.
- Loss of present and potential earnings.
- Associated household expenses.
With no limitations, this category will include coverage for any financial obligations that directly accrue from the injuries you have suffered. In cases involving wrongful death, special compensation may also include coverage for medical costs prior to death as well as for funeral and burial expenses.
General Compensatory Damages
In contrast to special compensation, the general variety indemnifies you for any non-financial injuries stemming from the incident in question. This category includes restitution for such things as:
- Pain and suffering.
- Loss of companionship.
- Mental anguish.
- Inability to enjoy life’s simple pleasures.
General damages intend to compensate the victim or his survivors financially for all such intangible losses.
Proving Your Case
To win compensatory damages for your injuries, you will have to prove a number of things. You must show not only that the defendant failed to behave in a reasonable manner as required by the circumstances but also that the breach of duty subsequently resulted in harm to you.
If you should prevail, the amount of damages you receive will vary in accordance with the severity and permanence of your injuries. In addition, if you are a resident of Nevada, you must also contend with damage caps and the extent to which your own actions may have contributed to the accident in question.
Modified Comparative Fault in Nevada Personal Injury Cases
If a Nevada jury should find you either partially or entirely responsible for having caused your own injuries, it will reduce your compensation by the percentage at which it finds you at fault. For example, the plaintiff who proves to have been 40 percent responsible will receive only 60 percent of any award while one who bears 50 percent or more of the blame will collect nothing at all.
Damage Caps in Nevada Personal Injury Cases
In cases concerning medical malpractice, Nevada will cap all general, non-economic damages such as mental anguish or pain and suffering at $350,000. This cap applies only to medical malpractice cases and has no effect on such specific monetary damages as compensation for medical expenses or loss of ability to earn.
Winning Your Personal Injury Suit
If someone else’s incompetence or neglect has resulted in harm to you, the personal injury attorneys at Weiner Law Group stand ready to help. Regardless of the circumstances of your case, we will fight to obtain the largest settlement to which the law entitles you. Call today for a free consultation at 702-202-0500 and let the experts at Weiner Law get an immediate start in working on your case.