What are the types of damages that can be recovered in an insurance claim?
In North Carolina, the damages that can be recovered in an insurance claim depend on the type of insurance, the type of claim being made, and the circumstances surrounding the claim. Generally, the types of damages that can be recovered are compensatory damages, punitive damages, and other damages. Compensatory damages are those recoverable for a party’s pecuniary losses. These may include medical expenses, lost wages, and property damages. Punitive damages are awarded to the party injured to punish the responsible party for their actions, and may be awarded under circumstances where a party’s conduct is especially egregious. Other damages typically refer to intangible losses, such as pain and suffering, loss of enjoyment of life, or emotional distress. In some cases, mental anguish or inconvenience may be recoverable as well. Additionally, in cases of bad faith, an insured may also be able to recover attorney’s fees and costs associated with the claim. The specific types of damages available in a particular claim must be determined based on the facts of the case. An insured should consult a lawyer to ensure that all potentially recoverable damages are pursued in any insurance claim.
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