Punitive vs. Compensatory Damages: What's the Difference in A Personal Injury Law Case?

Every year, more than 42,000 workers in Canada are injured as a result of falls. But there are numerous other ways a personal injury case can arise. Before going to court, a person should have some knowledge regarding what relief they seek from the court.

Woman holding her knee in pain

 

A party that has been wronged might be awarded several damages, or monetary remedies, by a court. The amount of damages that a court will order varies depending on the current statute. Let's look at the types of damages that can be awarded in a personal injury case. 

Personal Injury Damages

Damages are intended to put an aggrieved party back in the same place it was in before the defendant's wrongdoing. Compensatory and non-compensatory damages are two categories of damages that regularly emerge in tort disputes.

 

However, to recover damages, the plaintiff must show that their losses were not insignificant, were inflicted by the defendant's actions, and must not be diminished owing to a lack of mitigation.

 

Compensatory Damages

Plaintiffs are awarded compensatory damages by the courts as remuneration for the harm they have endured. There are two types of compensatory damages: general and particular damages.

 

General 

The non-monetary parts of a person's losses, including pain and suffering, are compensated by general damages. The damages will be calculated by referring to earlier, similar case law. 

 

Special 

 A plaintiff is compensated for the financial components of their loss through special damages. The easiest way to understand these is to think of them as out-of-pocket expenses received as a direct consequence of the action. The plaintiff is also compensated for the financial damages he suffered as a result of the accident.

 

Non-Compensatory Damages

Non-compensatory damages, including punitive, nominal, and aggravated damages, may be awarded by the courts depending on the circumstances.

 

Punitive

Punitive damages are awarded when a party engages in outrageous behavior that the court seeks to penalize and discourage. These damages are only awarded in exceptional circumstances, such as when the defendant's actions were exceptionally shocking. In instances where compensatory damages will dissuade the defendant's improper behavior, punitive damages aren't necessary.

 

Hire a Lawyer 

Nanda & Associate Lawyers have a skilled legal team to assist with all personal injury or immigration law matters. Their qualified consultants can help you navigate the claims procedure, leading to a smoother process. Contact their legal consultants today to get started with a personal injury claim, spousal sponsorships, or open work visas.

 

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