If you have been injured by another individual due to their negligence, then you may have the opportunity to seek damages through a personal injury lawsuit. During the lawsuit, you will ask for specific damages, but individuals sometimes become confused about the types of damages that they need to seek. If you are unfamiliar with the terms, keep reading to learn more.

Compensatory Damages

The vast majority of the damages you will seek with be compensatory. This term, simply put, means compensation. Therefore, compensatory damages are meant to compensate you in some way. When it comes to a personal injury, you can be compensated for real monetary losses for things like property damages, medical expenses, and income loss. These are all losses that can be easily calculated based on what you have lost and how much you may lose in the future. For example, ongoing medical treatments and the inability to work can be calculated into the damages claim.

In addition to the real monetary losses, compensatory damages include ones that are not easily calculated. Pain and suffering, emotional distress, and loss of enjoyment are included in these types of damages. 

Also, your family may be entitled to something called loss of consortium. Loss of consortium is a term used to describe the negative impact on one or several relationships. If you can no longer be intimate with your husband, then your husband may receive damages for this. You may also be able to seek damages, so speak with your attorney about this.

Punitive Damages

The compensatory damages are awarded to make you whole monetarily in relation to what you lost from the accident. Punitive damages do not relate to your loss directly. The damages are awarded as an extra "charge" or "fine" in cases where the defendant acted exceptionally horrible or careless. 

Punitive damages are typically awarded in cases of gross negligence. For example, if you were injured by a drink driver, then you can seek punitive damages. However, if you were involved in an accident where the other driver did not follow a simple driving law, like if they were speeding, then this is not something that calls for punitive damages.

While some cases of gross negligence are obvious, like in the case of a drunk driver, others are not. This may mean that your attorney will need to prove that gross negligence occurred. This can greatly lengthen a personal injury lawsuit. This should be taken into consideration if you are offered a settlement.

For more information, contact a business such as Caldwell Kennedy & Porter.