What is the difference between compensatory and monetary damages?
Compensatory damages and monetary damages are both forms of restitution that an injured party may receive when they win a lawsuit. Both forms of damages are meant to provide compensation for losses experienced and repair the wrong done to the injured party. Compensatory damages are meant to restore the injured party to their original condition as if the accident or injury had not occurred. These damages are intended to return the injured party to a state of well-being prior to the accident. Compensatory damages can include medical expenses, lost wages, and repairing or replacing damaged property. Monetary damages are also referred to as punitive damages. Punitive damages are meant to punish a defendant for their wrong-doing and to discourage others from behaving similarly. Monetary damages can include costs associated with a lawsuit, emotional distress, physical pain, and more. Punitive damages are usually considered more severe than compensatory damages, as the court may award more money for punitive damages to make an example out of the defendant. It is important to note that punitive damages are not available in all cases. In Delaware, punitive damages are only awarded in cases of gross negligence or intentional wrongdoing.
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