Types of Damages

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Click here for more information on compensatory damages.

Punitive damages

In addition to compensatory damages, punitive damages may be awarded in certain cases. Punitive damages are not based on actual injuries sustained. Rather, they are a way to punish the defendant for intentional conduct or gross negligence - behavior that is so egregious that a civil court penalty is warranted in order to deter the defendant from committing the same act again in the future. Kan. Stat. Ann. § 60-3701 Kansas law limits punitive damages to the lesser of: (1) The annual gross income earned by the defendant, as determined by the court based upon the defendant's highest gross annual income earned for any one of the five years immediately before the act for which such damages are awarded; or (2) $5 million. Kan. Stat. Ann. § 60-3701(e).

Example: If an amusement park fails to inspect and repair a broken track on one of its rides, knowing of the problem and associated dangers, and severe injury or death results, the plaintiff may ask for hefty punitive damages to penalize the park.

Nominal damages

Nominal damages are minimal damage awards acknowledging that the plaintiff was legally wronged, while at the same time recognizing a lack of evidence establishing that the plaintiff suffered actual damages. Nominal damages are normally very small awards, and are allowed only in cases where actual injury is not required to be shown, such as with intentional torts.

Example: If you are pushed by someone in such a manner so as to be offensive, thus constituting the tort of battery, but you suffer no actual physical injury, you may be entitled to a minimal award of nominal damages.

Attorneys' fees and court costs

In addition to damages, a successful plaintiff is also able to recover court costs incurred. Court costs include the cost of filing fees, process server fees, deposition transcripts, court transcriptions and translators. Attorneys' fees are generally not included as part of a successful plaintiff's recovery, though there are limited circumstances where procedural rules allow for the successful plaintiff to recover attorney's fees and expert witness fees.

These procedural rules require the understanding and skill of experienced personal injury attorneys. If you or a loved one is a victim of personal injuries, call The Pistotnik Law Offices, P.A. now at (877) 733-2723 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

The Pistotnik Law Offices handles all personal injury cases including, but not limited to:Large truck accidents, car accidents, injury cases, injury victims, reckless driving, negligence, torts, car accident victims, damages, wrongful death, vehicle accidents, pedestrians, cyclists, motorcycle accidents, third party lawsuits, damaged cars, insurance settlements, auto accidents, medical bills, permanent injury, rear-end collisions, liability insurance, property damage, minor injuries, insurance coverage, truck accident, tractor-trailer accidents, paralysis, paralyzed, eaglemed, Lifeflight, Wesley Medical Center, Via Christi, St. Francis hospital.

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