What is the difference between compensation and damages in an accident claim?
Compensation and damages are two distinct types of relief in an accident claim. Compensation is the amount of money paid to an injured person for the harm suffered. It is a way to make the injured person “whole” again, or as close as possible, by providing for the person’s economic losses. Compensation could include medical expenses, temporary or permanent disability, lost wages, lost earning capacity, and pain and suffering. Damages, on the other hand, are a penalty or punishment against the defendant for the harm suffered by the plaintiff. In Kansas, damages may include punitive as well as compensatory damages. Punitive damages are awarded when the at-fault party’s conduct was especially reckless or intentional. These damages can be used to punish the wrongdoer and deter similar conduct in the future. Compensatory damages, on the other hand, are intended to make the injured person “whole” again by awarding money damages. In Kansas, juries may award compensatory damages for both actual and anticipated losses arising from the injury.
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