Compensatory and Non-Compensatory Damages
Personal injury claims are unique from other areas of the law because of the propensity of the court to award both compensatory and non-compensatory damages to plaintiffs. These terms can be confusing, and they are not synonymous. Understanding your claim and the potential damages you can seek is crucial in your decision to file a lawsuit or when determining if you should settle out of court. Our lawyers at Rocky Mountain Personal Injury Center practice exclusively in personal injury law, and we understand how to maximize recovery for plaintiffs.
Compensatory and Non-Compensatory Damages Explained
Compensatory damages are directly traced to injuries sustained by the plaintiff. For example, lost wages, medical bills, and medical expenses for durable medical equipment, rehabilitation or damaged property are compensatory damages. When the plaintiff makes a demand letter in their complaint, they state all claims for damages, what they are seeking, and why the defendant’s negligence was the proximate cause of the plaintiff’s harm.
Non-compensatory damages are not directly attributed to the accident loss but can nonetheless be awarded as a result of the accident. In other words, there is a direct bill for medical treatment after the plaintiff’s accident, but there is no bill for a non-compensatory damage like loss of consortium. In tort claims, the plaintiff can seek damages for future lost wages, emotional distress, pain and suffering, and disability.
Punitive Damages
Punitive damages are awarded if the defendant’s behavior or negligence is deemed especially abhorrent. Often these damages are awarded in class action cases or when the harm is so damaging, the defendant should be punished beyond what the plaintiff is asking for in compensatory and non-compensatory damages. In Idaho, in order for the jury or court to award punitive damages, the plaintiff must prove that the defendant’s behavior was malicious or fraudulent. Id. Code. 6-1604 (2020). Rarely does a personal injury action meet the standard for punitive damages.
Awarding Attorney’s Fees
Sometimes a plaintiff is able to seek an award from the defendant paying for attorney’s fees. In Idaho, the state follows the American Rule, which dictates that each party is responsible for their own legal fees regardless of which party is at fault. However, state statutes also provide for plaintiff recovery of legal fees if the defendant is sanctioned. Sometimes in family law cases the plaintiff will request attorney fees paid by the income-producing party because they do not have the means. This is not the same circumstances as the negligent party in a personal injury action. In Idaho, the court cannot unilaterally award attorneys fees to the plaintiff as a result of the defendant’s negligence. The plaintiff must cite a specific statute in order to claim the fees. Id. Code § 12-120(1) 2015.
Schedule a Consultation Today
If you need guidance understanding the merits of your claim or what benefits you may be entitled to contact our attorneys at Rocky Mountain Personal Injury Center. Our office is conveniently located in Utah, and our lawyers are also licensed in Idaho & Wyoming. Damages are dependent on the specifics of your claim and we would be happy to consult with you regarding the litigation process. Schedule a consultation today.
