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Punitive and Compensatory Damages

If you have been the victim of personal injury you may be entitled to damages. Awarded in civil actions, personal injury damages are monies allotted to those who have been wrongfully injured by someone else. Damages are intended to help restore the victim physically, emotionally, mentally, and financially. The two main types of personal injury damages are compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages, which are sometimes refered to as actual damages, cover all financial expenses and all ailments associated with personal injury, including:

• Emotional distress
• Pain and suffering (grief, fright, anxiety, humiliation, or depression)
• Repair or replacement of property
• Medical bills
• Loss of wages
• Permanent disability
• Mental impairment
• Earning capacity impairment

Punitive Damages

Often called exemplary damages, punitive damages are typically awarded to the plaintiff in addition to compensatory damages when the defendant's conduct has been especially malicious or oppressive. Punitive damages are awarded to punish the offender and to deter others from engaging in similar actions.

How much can you receive in personal injury damages?
Personal injury damages are determined on an individual, case-by-case basis. The amount is decided by the jury but can be reviewed by the court. If a judge feels that the amount of damages is excessive, he or she can order remittitur, a process in which the punitive damages are reduced without a new trial or appeal. If a judge feels that the amount of damages is inadequate, he or she can order additur, whereby punitive damages are increased without a new trial or appeal.

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• Aplastic Anemia (AA)
• Acute Myelogenous Leukemia (AML)
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Consulting with an attorney to discuss a potential benzene exposure lawsuit is time sensitive. Each state has a specific rule called a Statute of Limitation that restricts how long you have to file a lawsuit. Talk to a Board Certified Personal Injury Trial Lawyer, certified by the Texas Board of Legal Specialization, with over 25 years of experience. We will help answer your questions. Click the link below to fill out our free and confidential benzene lawsuit evaluation.

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