By Joe Tacopina

The majority of damages awarded to people who have suffered personal injury are compensatory, meaning they restore the prior monetary standing of the plaintiff. The process of awarding damages requires placing a dollar amount on all consequences of the accident, from medical bills to distress, pain, and suffering. Courts also award damages for loss of enjoyment or inability to participate in prior hobbies because of new physical limitations.

The most quantifiable damages remain medical treatment, loss of property, and lost wages, the latter of which may include potential future income lost because of a change in the plaintiff’s “earning capacity.” The less quantifiable compensatory damages include pain and suffering, emotional distress, loss of enjoyment, and loss of consortium. This last term refers to any impact on the plaintiff’s relationship with a spouse.

In addition to compensatory damages, a

court may demand punitive damages in

cases of particular carelessness. These

damages intend to punish the defendant

rather than restore the plaintiff.

After earning his juris doctor in 1991, Joe

Tacopina worked in the district attorney’s

office in Kings County, New York, for three

years before founding his own firm,

Tacopina Seigel & Turano, PC. It focuses

on civil and securities litigation, as well as

criminal law defense.