What is the difference between compensation and damages in an accident claim?

Compensation and damages are two terms which are frequently used in the context of accident law, but there is a difference between the two. Compensation is typically a monetary amount awarded to the injured party for financial losses that can be easily defined, such as medical expenses and lost wages. It is meant to restore that person’s circumstances to what they were prior to the accident. Damages, on the other hand, is a broader category that can encompass both compensatory and punitive measures. Compensatory damages are financial awards given to restore the injured party to the pre-accident state and to cover their costs, such as medical expenses, lost wages, and pain and suffering. Punitive damages, however, are more severe and act as a punishment for the at-fault party. They are meant to punish the wrongdoer and to prevent similar conduct from occurring in the future. In Delaware, accident law dictates that the injured party is entitled to seek both forms of damages. Depending on the specifics of the case, a judge or jury may decide upon compensatory and/or punitive damages to be paid to the injured party. It is important to note that damages may be joint and several, meaning that multiple defendants may share in the damages awarded.

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What is the difference between compensation and damages in an accident claim?

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