In many tort court actions, plaintiffs claim aggravated and punitive damages. Punitive damages are also often referred to as exemplary damages. These types of damages are usually thought whether is exceptionally objectionable and egregious conduct on behalf of another person. They are often claimed when the tort involved is also a criminal act such as an assault. There are differences between these types of damages. Claiming be effective damages carries with it certain responsibilities and consequences.
Aggravated damages and punitive damages are not the same. These types of damages are quite different and are distinguishable from one another on the basis of the purpose the serve. Aggravated damages are compensatory nature and meant to compensate an injured party. Punitive damages on the other hand are meant to deter behavior and punish egregious behavior. Aggravated damages will be claimed and awarded as a means to enhance the amount of general damages a plaintiff. These types of damages often are used to address things like mental anguish and distress, humiliation, embarrassment, fear, breach of trust and so on as suffered by the plaintiff as a result of extremely bad conduct on behalf of the defendant area this type of damage is distinct from the type of damages awarded for pain and suffering. Aggravated damages are meant to compensate the plaintiff because of the nature and character of the wrongful acts of the defendant being so egregious.
Damages for pain and suffering are meant to compensate an injured person for the distress suffered as a result of the injuries sustained in an accident or from the wrongful act. An important consideration when seeking these types of damages is that of the general rule insurance does not cover such damages. In most cases, criminal conduct will make provisions of insurance policies unenforceable as against the insurer. As a result, the defendant may be required to retain additional defense counsel defense defendant the claims for aggravated and punitive tort damages which are not covered by insurance.
If you have been injured as a result of extremely egregious conduct by another such as abuse be physically mentally or psychologically, you may be entitled to damages beyond pain-and-suffering damages.
If you or someone you care about has been injured in an accident, our lawyers can provide a free consultation and assess all of the types of damages available specific to the particular case. Our experienced and knowledgeable Ottawa personal injury and accident lawyers provide free consultations and work on a no fee until you win basis. Contact us at 613-315-4878.
Ottawa injury and accident lawyers
Marc N. Quinn