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What Are Compensatory Damages in a Personal Injury Lawsuit?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 14, 2022

Read Time: 3 mins

When you are injured in an accident caused by someone else’s negligence, you are entitled to file a personal injury lawsuit. This will allow you to recover the full amount of compensation that is necessary to repay all of the actual economic and non-economic losses you suffered.

If you do file a lawsuit, your personal injury lawyer should assess all of your feasible present and future losses to recover the largest compensatory damages award that you are entitled to receive. For over four decades, Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. P. C. has fought vigorously to help injured parties. Contact us to schedule a free case review.

What kinds of losses are included in a compensatory damages award?

The most immediate financial strain for an accident victim is the cost of medical care to treat their injuries. The total claim for direct economic losses and non-economic damages, however, will generally include much more:

Costs of prospective future medical treatment
Expenses for commuting to and from appointments with doctors and therapists
Wages and salaries that are not earned while the accident victim recuperates
Compensation to account for lost employment and promotion opportunities
Payments for occupational and rehabilitation therapy
Expenses incurred to modify living quarters to accommodate reduced mobility due to injuries
Compensation for the victim’s pain and suffering, psychological stress caused by disfigurement, and the impact of injuries on the victim’s ability to enjoy time with family and friends
Payment for losses and damage to personal property.

Are punitive damages considered part of an accident victim’s compensatory damages?

Accident victims in personal injury lawsuits will rarely recover an award of punitive damages. Compensatory damages reimburse the individual for their losses. However, punitive damages are not a function of the victim’s losses. Instead, they are a direct civil penalty assessed against the defendant for egregious, willful, or wanton negligence or misconduct.

Both New York State and New Jersey impose very high bars for the recovery of punitive damages in a personal injury lawsuit. However, the unavailability of punitive damages should not discourage a victim from filing a lawsuit where a serious accident and injury occurred. Compensatory damages can be substantial.

What an attorney can do for you

The specific amount of damages that may be recoverable in a personal injury lawsuit depends on the facts of the accident and the extent of the accident victim’s losses and injuries. The insurance companies responsible for paying those damages might tell you that you can only recover your medical expenses or some other token amount. However, never accept an offer from them. Instead, speak with an attorney so that you may receive the full and fair amount you deserve.

Contact us for a free case review The personal injury attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent accident victims in Rockland and Bergen Counties and elsewhere in New York and New Jersey. Contact us as soon as possible after your accident. Our intake specialists will connect you with one of our highly experienced lawyers, who can give you a thorough assessment of the compensatory damages in your case.

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 16 days ago
 
 
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   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 101 days ago
 
 
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 104 days ago
 
 
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   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 116 days ago
 
 
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   Brandy Miller 
 139 days ago
 
 
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   Mike Greenspan 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 159 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 162 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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What Are Compensatory Damages in a Personal Injury Lawsuit?

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