MyTampaBayInjury

Damages: General, Special and Punitive

In our society, when a person or company negligently causes injury to another person, the injured person's remedy is to seek monetary damages for their injuries. This is the more civiliized remedy as opposed to parties seeking "an eye for an eye" or some other form of retaliation. Damages can be segregated into two general categories: general and special. General damages consist of losses for items such as pain, suffering and loss of the enjoyment of life. Special damages apply to what are sometimes referred to as hard damages, like medical expeneses and lost wages. Another type of less commonly awarded damages are known as punitive damages. These damages are intended to punish the at-fault party for causing injury in an intentional or grossly negligent fashion. 

Damages are often one of the most crucial considerations when deciding whether or how far to pursue a claim for injuries. If the damages are significant, the claim may be worth pursuing even if it takes a long period of time and involves spending significant costs to make a recovery. Howerver, when damages are small, an attorney will be less likely to commit time and costs to prusue when the ultimate outcome may be limited. This consideration becomes especially pertinent in medical malpractice cases where the costs (for expert fees, etc.) can often exceed $100,000.