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What Is The Difference Between Compensatory Damages And Punitive Damages? 5 Questions Answered

Home > Personal Injury Attorney

Damages are a monetary award that is paid to a claimant in a lawsuit in order to compensate for injury or loss. There are many different types of damages, from special damages to general damages, and more. In rare cases, punitive damages are awarded. Unlike compensatory damages, punitive damages are meant to punish the defendant, not just compensate you for your injuries and losses. 

compensatory damages punitive damages

Since all damages serve the purpose of compensating you for harm done, you may be confused about what the difference is between compensatory and punitive damages. Both types of damages are money paid by one side to the other as a legal remedy. As such, it may seem like compensatory damages in and of themselves are punitive damages. 

The world of damages can be a confusing one. Your lawyer will be able to help you understand the types of damages suitable to your case. That said, here is a brief overview of the main differences between compensatory and punitive damages. 

What Are Compensatory Damages?

Compensatory damages are designed as justice for being wronged and compensation for losses experienced. The basic types are special damages and general damages. Special damages are actual expenses the victim has incurred as a result of what happened. General damages are subjective, like pain and suffering, long-term medical care, and the like.

Compensatory damages are much more common than punitive damages. 

Tort Law in Utah LeBaron and Jensen Attorneys

What Are Punitive Damages?

Punitive damages are designed to prevent others from being hurt by the same actions that you suffered as a result of. The defendant is usually a company or other such large entity. This type of damages makes an example out of the defendant in order to discourage similar behavior from others. 

What Is The Difference Between Compensatory And Punitive Damages?

It may seem like the two are the same thing, as you are receiving damages and the other party has to pay them to you. However, there are key differences between the two. Compensatory damages are designed to help victims while punitive damages are designed to punish wrongdoers.

Pain and suffering/emotional distress are compensatory damages, not punitive, because you are being compensated for your pain.

More About Punitive Damages

Punitive damages can be difficult to understand, so we’ll go into more detail about them here.

Typically, punitive damages are awarded in cases of tort liability. Tort is a civil wrong that results in injuries or damages to well-being or life. It differs from criminal charges because it focuses on harm to the individual, rather than harm to society. Tort can overlap with criminal wrongs, but it is designed to provide relief for those who have suffered as a result of infringement on protected interests. 

There are three categories: intentional, negligence, and strict liability. 

  • Intentional includes assault, fraud, trespassing, invasion of privacy, etc. 
  • Negligence includes accidents and malpractice. 
  • Strict liability includes dangerous activities, defective products, and animal abuse.

Some examples include class action suits, intentional harm, and malicious intentions. These cases involve a conscious decision to engage in behavior that would hurt others.

Punitive damages make an example of the defendant to discourage others from engaging in similar behavior. 

The criteria for punitive damages varies from state to state. These damages are given with other damages and typically don’t exceed 4x the amount of compensatory damages, however, there is no set limit. You usually receive punitive damages with compensatory damages.

Are Attorney Fees Damages?

In general, attorney fees are not damages. Personal injury attorneys typically don’t get paid unless you win your case. There are cases in which attorney fees may qualify as special damages, but these circumstances are limited, typically involve a breach of contract claim, and depend on the contract. 

Can You Be Taxed On Damages?

Damages may be taxable. It depends on the type of damages and where you live. Typically, settlement money and damages are considered income, which means the IRS taxes them. Punitive damages and lost wages are taxable, while settlement awards from physical injury lawsuits may be non-taxable. 

If you have any questions about whether or not your damages are taxable, it’s best to talk to a professional accountant. They will be able to assist you with all the specifics involving your taxes.

Do You Need A Personal Injury Attorney?

premise liability attorneys in colorado

If you’re in need of a personal injury attorney, don’t hesitate to reach out to LeBaron & Jensen for a free case consultation. We’ll go over your case and let you know what your options are. If we can represent you, you can rest assured by the fact that we’ve won millions of dollars in damages for our clients. We ensure that you are represented fairly and fight for justice to be served. 

Contact us today to schedule your case consultation. 

Filed Under: Personal Injury Attorney, Personal Injury

Even if you could benefit from hiring a personal injury attorney, you may be reluctant to, because you just don’t want to deal with everything that legal matters entail. Here, we’ll go further into when it’s worth it to contact a personal injury attorney. 

Why You May Be Reluctant To Contact A Personal Injury Attorney

You know when you go through airport security and even if you’ve never even touched a gun in your life, you worry that you somehow have one in your luggage? Getting into legal trouble or anything to do with the law is frightening for many people, even if you’ve never knowingly broken a law. As such, most people are scared of cops, lawyers, and the like. 

You may assume that it’s only worth it to contact a personal injury attorney if you have a serious medical malpractice case on your hands or something like that. You may think that it’s only worth it to contact a personal injury attorney if you are positive you did nothing wrong and the other person is taking advantage of you. You may worry that even if you think you’re not liable at all, going the legal route may result in you having to pay, rather than receiving compensation. 

However, have you heard the saying that successful people don’t use lawyers less, they use them more? This is because of how beneficial it can be to have a lawyer in your corner to represent you and fight for justice on your behalf. Our world is one that likes to take advantage of people, and many people don’t realize that insurance companies, hospitals, and the like, they’re looking out for their best interests – not yours.

As such, it may be worth it to contact a personal injury attorney to help you achieve the compensation you deserve. 

What Personal Injury Attorneys Can Do For You

While many are afraid to do this and just want to try to deal with insurance and the like themselves because they think it’s the better, more peaceful way to do it, this can unfortunately lead to you not getting the results you deserve.

A personal injury attorney will learn all the facts involved in your case and fight for you. Especially if you’ve been injured or you’re caring for an injured family member, you shouldn’t be stressing about claims. You should be focused on healing. Hiring a personal injury attorney gives you the freedom to do just that, while they fight for you. 

All that being said, you may still wonder when it’s worth it to contact a personal injury attorney. After all, how do you even know if you have a case? Would you have to pay expensive lawyer fees just for them to tell you your case isn’t strong enough?

Here is what you need to know about the various factors that can influence when it’s worth it to contact a personal injury attorney for representation. 

Times When It’s Worth It To Contact A Personal Injury Attorney

#1. If You Want To Know If You Have A Case

If you’re wondering if you should contact a personal injury attorney, you probably should. What many people don’t realize is that personal injury attorneys typically don’t charge a fee unless they win your case. Here at LeBaron & Jensen, we’re a no-fee unless we win, guaranteed, law firm. This means that you can consult with us for free and not have to worry about paying us a cent until we win your case for you.

Don’t hesitate to contact us and schedule a free consultation. We’ll go over all of the facts with you and let you know whether or not you have a solid case. This way, if you do, you can get the representation you need. And if you don’t, you can understand why this is.

#2. You Don’t Want To Be Taken Advantage Of

People go into personal injury law in order to represent those who insurance companies, hospitals, and the like would otherwise take advantage of. The unfortunate fact of the matter is that negotiations can be difficult, especially if you don’t know what you’re doing or what to expect. This can result in you getting a settlement offer that’s far less than you deserve. 

For instance, Miles LeBaron here at LeBaron & Jensen went into personal injury law after an insurance company gave his sister-in-law a lowball offer of $30,000.00 after being rear-ended. He was able to get her $150,000.00, the amount of the insurance limits, otherwise, he would have been able to get her more. This inspired him to make a career out of helping injured victims get the compensation they deserve while allowing them to focus on healing from their injuries. 

#3. Liability Is Unclear

This may cause you to worry, but if it isn’t clear who was at fault for the accident, it’s worth it to contact a personal injury attorney. This is because you will need to prove your innocence or the fact that you were only partially liable for what happened. Regardless of whether or not the other party is lawyer-ing up, it’s worth it to contact a personal injury attorney when liability isn’t certain. 

#4. You’re Being Blamed For Your Injuries

The other party’s insurance company may claim that you were at least partially liable for the accident that caused your injuries. This can reduce your settlement and cause you to not receive the compensation that you deserve. A personal injury attorney will look into the case and find evidence to fight allegations.

#5. There Are Multiple Parties Involved

Legal situations can be tricky between two parties, let alone multiple parties. It’s definitely worth it to contact a personal injury attorney if your case has multiple parties involved, as can happen with medical malpractice cases or car accidents with multiple parties. 

#6. You Sustained Permanent Disability And/Or Traumatic Injuries

These can affect you not just in the period of time following the accident, but for the rest of your life. You may need on-going medical care, suffer significant loss of income, and more. These can mean that you suffer future damages in addition to the initial damages from the accident. A personal injury attorney will fight for you to receive the maximum settlement possible. 

Further Reading

To learn more about working with a personal injury attorney, look to our previous blogs:

  • 9 Reasons You Need A Personal Injury Attorney
  • Suing Someone In A Personal Injury Case
  • Busting 4 Important Personal Injury Myths
  • The First Steps To Take In A Personal Injury Case
  • Things To Know When Hiring A Personal Injury Attorney
  • 5 Important Questions To Ask Your Personal Injury Attorney
  • What You Should Know Before Your Free Consultation With A Personal Injury Attorney

Do You Need To Contact A Personal Injury Attorney?

LeBaron & Jensen provides personal injury law services in Utah, Wyoming, Colorado, and Arizona. Contact us today to schedule a consultation. 

Filed Under: Attorney At Law, Personal Injury Attorney

Many swimming pool accidents result from people fooling around or not supervising young children closely enough. However, others result from negligence on the part of the pool owner/manager. Here is what you need to know about swimming pool accidents: the duty of care, the different types, liability, and more.

What Is The Duty Of Care For Swimming Pool Accidents?

The duty of care varies, depending on why the person is at the pool.

swimming pool accident
  • Trespassers are there without permission. The pool owner/manager typically has little to no duty of care to warn about hazards. Young children who can access the pool are the exception under the attractive nuisance doctrine.
  • Licensees are people who have permission to be on the property, like a party at your house. You must warn of any hazardous conditions that you know about, including safety warnings and fencing. 
  • Invitees are people who are there because the pool is public or part of business, like apartment residents. You must warn all visitors of known hazards and dangers and conduct reasonable inspections for such hazards.

Types Of Swimming Pool Accidents

Swimming pool accidents/injuries include:

  • Drowning
  • Entrapment drowning
  • Near drowning
  • Pool slide accidents
  • Diving board accidents
  • Entrapment under pool toys/floaties
  • Slip and fall accidents
  • Pool chemical accidents
  • Electrical injuries

Injuries from swimming pool accidents can include: broken bones, traumatic brain injuries, spinal cord injuries, paralysis, disembowelment/evisceration, and death. Traumatic brain, neck, and spinal cord injuries are the most common. Injuries around pools put people at greater risk of drowning, especially children. 

While drowning is not always fatal, it certainly can be. Drowning can happen very quickly, and very quietly due to lack of ability to motion or yell for help. 

What Can Cause Swimming Pool Accidents

swimming pool accident

People horsing around can cause swimming pool accidents, as can fighting. 

Children can drown in the amount of time it takes to answer a phone. Children must be watched closely when in or around water. Drowning can happen in any water, even if it’s incredibly shallow. 

Teenagers are more likely to have swimming accidents related to drugs and alcohol. The CDC states that about 70% of swimming pool deaths involve alcohol, due to impaired judgment and lack of coordination.

In addition to these instances, issues around the pool itself can lead to swimming pool accidents. This can lead to a premise liability case, as pool owners/managers have a duty to maintain their property in a safe manner and can be held liable if accidents occur on property due to owner’s negligence. Some of these instances are as follows. 

  • Loose pool ladders can cause people to fall
  • Rusted diving boards can cause nasty cuts
  • Unmarked shallow ends can cause spinal injuries if people dive
  • Smooth/slick pavement can cause slip and fall injuries (should have traction, cracks should be repaired promptly, algae should be taken care of/prevented)
  • Pumps must have specific devices installed to prevent suction entrapment
  • Pools must have at least a 4 foot fence around them for security, with gates
  • Equipment must be maintained and secured
  • Spills, like sunscreen, ice cream, drinks, can make slippery surfaces
  • Clutter like pool toys can make people trip
  • Poorly constructed diving boards or pool slides can cause serious injuries

Proper signage informing people of dangers around the pool and pool rules is important and a key part of reducing swimming pool accidents. 

How To Reduce Swimming Pool Accidents

People should be advised on how to reduce their risk of swimming pool accidents, such as:

swimming pool accident
  • No running/walking slowly
  • Wearing shoes with traction
  • No diving in shallow areas
  • Using flotation devices/children especially
  • Ensuring there is a lifeguard on duty (public pools)
  • Locating rescue flotation devices/reaching poles before getting in
  • Ensuring that there are safety drain covers
  • Learning CPR in case an emergency occurs
  • Knowing local laws for pools/ensuring yours meets all requirements 
  • maintaining pool regularly/cleaning up spills/messes as they occur
  • Placing no-slip mats where water tends to accumulate
  • Preventing diving boards/ladders/etc from becoming slippery 

When Can Pool Owners Be Held Liable For Swimming Pool Accidents?

People using the pool have a duty to obey safety signs and warnings. Children should be supervised carefully. However, if injury occurred due to pool owner/managers’ negligence, you may be able to hold them responsible. A personal injury lawyer will be able to work with you and tell you whether or not you have a case on your hands. 

Property owner may be held liable if:

  • They knowingly failed to eliminate hazards they were aware of
  • They failed to eliminate hazards they had time and opportunity to learn of but failed to
  • They failed to provide appropriate signage about the hazards
  • They failed to hire/delegate staff to maintain safety/cleanliness of pool area 
  • Improper lighting
  • Improper barriers around pools
  • Failure to adhere to local ordinances/state laws
  • Lack of depth markers
  • Lack of safety equipment 
  • Unrestricted access
  • Overcrowding/not having a limit to how many people are allowed in the pool/the pool area
  • Poorly trained/distracted lifeguards

However if warning signs were ignored or the pool owner/manager could not have reasonably known about the hazard prior to the accident, they likely cannot be held liable.

Plus, sometimes it is not the pool owner who is responsible for an issue, but the manufacturer of the pool or pool equipment. The manufacturer of the pool or pool equipment may be held liable for defective products and accidents or deaths that result.

Do You Need A Personal Injury Attorney?

LeBaron & Jensen is here to help. We represent clients from Utah, Wyoming, Colorado, and Arizona. If you think you have a personal injury case on your hands, please don’t hesitate to contact us and schedule your free consultation. If you do have a case, you don’t need to worry about paying a fee until we win. 

Filed Under: Attorney At Law, Personal Injury Attorney

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Hours

1241 N Main St
Layton, UT 84041
(801) 773-9488
1048 Main St, Suite A,
Evanston, WY 82930
(307) 323-4747
Monday 8:30 AM - 5:30 PM
Tuesday 8:30 AM - 5:30 PM
Wednesday 8:30 AM - 5:30 PM
Thursday 8:30 AM - 5:30 PM
Friday 8:30 AM - 5:30 PM
Saturday Closed
Sunday Closed

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