Schmidt, Sethi & Akmajian Blog

Punitive vs. Compensatory Damages

Posted by Dev Sethi | Apr 16, 2014 | 0 Comments

When an individual has been injured by the actions of another party, he or she may have the right to recover compensation for damages. The type of damages he or she is eligible to recover will primarily depend upon the intention behind the party deemed legally liable for the injuries. For example, in a car accident, your lawyer will work hard to help you recover compensatory damages. Compensatory damages are those damages one can recover for actual injuries and/or economy loss experienced as a result of the accident itself. The most common types of compensatory damages are for medical expenses, pain and suffering, wages lost due to time away from work, property damage to the accident victim's vehicle and more.

Should the car accident due to the criminal actions of a drunk driver, you may also be eligible to file a claim or lawsuit to recover punitive damages. Punitive damages, also known as exemplary damages, are those damages which can be pursued as a punishment for an individual's intentionally malicious, violent, fraudulent or grossly reckless actions. These types of damages are not only intended to punish the individual for his or her actions, but to serve as an example to others who may or may not consider performing a similar act. Punitive damages may also serve as a way to provide the victim with a monetary reward for the painful experience he or she was forced to endure. Punitive damages are often sought in product liability/dangerous product cases,  elder abuse cases, sexual abuse cases,  drunk driving accident cases and cases in which knowledge about the dangers of a commercial product were hidden by the manufacturer, allowing others to be injured or die.

About the Author

Dev Sethi

Dev Sethi litigates and tries a wide-range of complex injury and death cases throughout Arizona. He has Martindale Hubbell's highest rating, AV, and he is listed in "Best Lawyers." Dev is also recognized as an Arizona Super Lawyer in the area of plaintiff's products liability litigation.Dev has been at the forefront of auto product defect litigation. He played a key role in uncovering the Goodyear Load Range E tire scandal and worked to hold Ford Motor Company responsible for the danger posed by their now notorious 15-passenger vans. Dev is currently representing families in product liability suits against the nation's largest corporations including General Motors, Ford, Pentair Pools and Invacare.


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