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Personal Injury Attorney in Omaha, NE

Personal Injury Attorneys on Compensatory vs. Punitive Damages June 27, 2018

Omaha, Douglas
Personal Injury Attorneys on Compensatory vs. Punitive Damages , Omaha, Nebraska

If you have suffered serious injuries due to someone else’s negligence, you may be eligible to hold the other party responsible by seeking compensation. After establishing liability, most states allow you to pursue two types of damages if the right facts are present: compensatory and punitive. The personal injury attorneys at Salerno & Associates have extensive experience helping the residents of Omaha, NE, get the justice they deserve. Below, they provide some insight into these options and how they differ.

Compensatory Damages

personal injury attorneyCompensatory damages are the most common kind of reimbursement distributed in personal injury cases. They are meant to help the victim with their recovery and relieve them of the financial burden that comes with sustaining significant injuries. It may cover tangible and intangible losses, including medical expenses, lost wages, property damage, legal fees, pain and suffering, and loss of quality of life. It’s essential to work with a personal injury attorney who can accurately value your case to ensure you receive all the restitution you’ll need.

Punitive Damages

While compensatory damages apply to any personal injury case, punitive damages are reserved for incidents that are particularly reckless or offensive. Punitive damages are rarely allowed in Nebraska. However, if the other party acted in a way that is deemed to be grossly negligent or intentionally malicious, the Nebraska Courts might allow a case to proceed on the theory that punitive damages are appropriate as further punishment for the behavior. For instance, if a company falsely markets a dietary supplement for weight loss as “all natural” and causes serious illness to a consumer, this type of compensation serves as a deterrent from engaging in similar conduct in the future.

Since proving fault can be quite challenging in these types of cases, it’s best to work with a personal injury attorney to increase your chances of receiving a favorable outcome. Backed by over 30 years of experience, the seasoned team at Salerno & Associates will assess the circumstances surrounding your injury and determine which damages you’re entitled to. Contact them at (866) 787-2598 to schedule a consultation, or visit the firm online for additional information on their background in this practice area. 

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