Compensatory damages are derived from the word “compensate,” meaning “to make up for” or “to make whole.” Generally, these damages can be broken up into two subcategories – actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred, or financial losses sustained. Actual damages typically include:
- Medical and hospitalization bills incurred to treat your injuries
- Wages lost due to work missed while you recuperate
- Costs of household or nursing help during recovery, including costs of wheelchair or crutches required
- Cost of rental car or substitute transportation
- Cost to replace or repair damaged property
As noted, injured victims can also sue for general damages in addition to actual damages. General damages include the things that can’t be precisely documented in dollars spent, including:
- Pain and suffering endured due to injuries and any subsequent mental anguish
- Disfigurement resulting from injuries
- Value of medical expenses you are likely to incur in the future
- Value of wages you are likely to lose in the future
- Permanency of injury and resulting pain and suffering
- Loss of consortium (benefits of a relationship)
- Loss of opportunity
In addition to compensatory damages, punitive damages may be awarded in certain cases. Punitive damages are not based on actual injuries sustained. Rather, they are a way to punish the defendant for intentional conduct or gross negligence – behavior that is so egregious that a civil court penalty is warranted in order to deter the defendant from committing the same act again in the future. Bell v. Helmsley, 2003 WL 1453108 (N.Y.Sup.).
Example: If an amusement park fails to inspect and repair a broken track on one of its rides, knowing of the problem and associated dangers, and severe injury or death results, the plaintiff may ask for punitive damages to penalize the park.
Nominal damages are minimal damage awards acknowledging that the plaintiff was legally wronged, while at the same time recognizing a lack of evidence establishing that the plaintiff suffered actual damages. Nominal damages are normally very small awards, and are allowed only in cases where actual injury is not required to be shown, such as with intentional torts.
Example: If you are pushed by someone in such a manner so as to be offensive, thus constituting the tort of battery, but you suffer no actual physical injury, you may be entitled to a minimal award of nominal damages.
Attorneys’ Fees and Court Costs
In addition to damages, a successful plaintiff may possibly recover court costs incurred. N.Y. C.V.P. § 8101. Court costs include the cost of filing fees, process server fees, deposition transcripts, court transcriptions and translators’ fees. Attorneys’ fees are generally not included as part of a successful plaintiff’s recovery, though there are limited circumstances where procedural rules allow for the successful plaintiff to recover attorneys’ fees and expert witness fees.
In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one is a victim of personal injuries, call McPhillips Fitzgerald & Cullum LLP now at 518.792.1174 or submit a simple case review form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.