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Montlick Injury Attorneys Answers, "What Are Damages?"

January 05, 2022

The legal term “damages” refers to a sum of money awarded by the court to a plaintiff in a civil case. Generally, there are two types of damages that will come up in a personal injury case: compensatory damages and punitive damages. The amount of damages a victim can recover is specific to the facts and circumstances of the unique case. Therefore, it might not be possible for your attorney to ascertain the exact value of damages for a particular case at the outset. However, our knowledgeable attorneys are usually able to advise our clients on the range of predicted case values once we have assembled all the evidence, learned the extent and long-term effects of the injury, reviewed all medical records and expenses and evaluated the applicable law and strength of evidence.  

What Constitutes Compensatory Damages? 

Our attorneys fight hard to ensure the best outcome for our clients, and pursue all types of monetary damages to which our clients are entitled. Depending on the facts of a case and the applicable law, this could include compensation for:

  • Past, present, and future medical bills
  • Past present, and future lost income
  • Loss of earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium
  • Emotional distress

Assessing Compensatory Damages

Compensatory damages provide recourse to an injured person following an accident caused by someone else’s negligence. These damages— in the form of monetary sums—are awarded to the injured person based on the evidence presented. Some damages, such as the cost of car repair of the vehicle, are more concrete than others, and therefore easier to assign a monetary value. For example, past medical bills or even the cost of outfitting an injured person’s home to accommodate a new disability both have specific dollar value. These types of compensatory damages are usually referred to as “special damages”. In some instances, our attorneys may employ financial experts to determine our clients’ lost income over a long period of time, or their future medical costs related to the injury(s) sustained in the accident.

General damages, such as loss of enjoyment of life, pain and suffering, and emotional distress are damages that are more subjective and cannot be itemized as easily. However, such damages can have a tremendous impact on case value. Our attorneys are experienced in navigating these claims and fight hard to get our clients the maximum compensation to which they are entitled by law.

What Are Punitive Damages?

Punitive damages, also known as ‘penalty damages’ come into play when a defendant exhibits particularly egregious behavior that rises to the level of gross negligence or recklessness. Punitive damages involve compensation over and above compensation for the injury and its effects, and are meant to function as a deterrent against similar behavior. By way of example only, and depending on applicable state laws, cause for punitive damages could include driving while intoxicated or leaving the scene of an accident. Our experienced attorneys can advise our clients on the best course of action given the unique circumstances of their case.

Montlick & Associates has more than 39 years of experience navigating the complexities of damages and recovery on behalf of our clients, and we are here to help.

We Know What It Takes To Win!™ 

If you have been injured or lost a family member due to an accident, contact Montlick & Associates, Injury Attorneys, for your free consultation today. Our law firm has been representing those who suffer serious injuries or lost a loved one in an accident for over 39 years.  Our trial attorneys have recovered billions of dollars for our personal injury clients through negotiated settlements, litigation/lawsuits, settlement of lawsuits, jury verdicts, mediation, and arbitration awards.

Please visit our read Montlick & Associates reviews to see what our clients have to say about our commitment to exceptional service.

No matter where you are located, our attorneys are just a phone call away, and we will even come to you. Call us nationwide 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333), or simply dial #WIN (#946) from your mobile phone. You can also visit us online at and use our Free Case Evaluation Form or Free 24-hour live chat.

Category: Auto Accidents

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.