Negligent damage is compensation paid by a negligent party to an injured party. There are two categories of damages: compensatory and punitive. Compensatory damages cover out-of-pocket expenses and non-financial aspects of injury, while punitive damages punish the negligent party. Comparative negligence can reduce damages.
The legal term “negligent damage” refers to the payment of money by a negligent party to an injured party in compensation for the injured party’s losses. If a person is injured as a result of the negligent conduct of another, there are two categories of negligence damages from which he may be entitled to compensation. These are compensatory damages, also called actual damages, and punitive or exemplary damages.
Damages are intended to repair the harm caused to the innocent party. The intent is to return the innocent party, as close as possible, to the position she was in before being hurt by someone’s negligence. These are negligent damages in connection with and apparent consequential of the injury, or they may simply be implied by law. There are two types of damages: special damages and general damages.
Special damages allow a person to recover the out-of-pocket expenses incurred as a result of their injury. These damages include past and future medical bills and lost wages. Special damages may also include the repair or replacement of any property, including an automobile, damaged by the negligent party.
General damages cover the non-financial aspects of your injury. These injuries can include mental or physical pain and suffering, loss of a family member or loved one, and loss of the ability to live as you did before the injury. These damages are difficult to measure and justify, so it is best to pursue them with the assistance of a malpractice attorney. General damages also include hedonic damages which represent the loss of the ability to enjoy life. This highly subjective form of harm, being even more difficult to measure, is not available in all US states.
Punitive or exemplary damages may be awarded if the negligent party’s conduct was reckless, reckless, or willful in nature. For example, punitive damages may be awarded for a drunk driver who causes a serious accident. By awarding punitive damages, the jury expresses its moral condemnation of the negligent party. That said, punitive damages are not meant to devastate the negligent party. They are intended to punish the negligent party, in particular to dissuade the negligent party from repeating such conduct and, in general, to dissuade others from engaging in similar behavior.
In the absence of evidence of bodily injury or property damage by the negligent party, no negligence damages will be awarded. If the injured party is also to blame, the damage for negligence can be reduced proportionally. This is called comparative negligence. Again it is best to retain a malpractice attorney who can help prove the case for damages and address any defenses such as comparative malpractice.
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