What are the different types of damages available in a maritime injury case?

In a maritime injury case, the types of damages available to an injured individual can depend on the state, but in New Jersey, a commonly available form of damages is known as compensatory damages. This form of damages is intended to “compensate” an injured individual for the losses they sustained due to their injury. Compensatory damages can include reimbursement for medical bills, lost wages, future wages, and pain and suffering. In some circumstances, an injured individual may also be eligible to pursue punitive damages. Punitive damages are not intended to compensate the injured individual, but instead punish the at-fault party for their actions in causing the injury. Punitive damages are only available in certain cases where the at-fault party acted with gross negligence or malice. In certain cases, an injured individual may also be eligible to pursue a recovery of “LR&R” or “maintenance and cure” damages. LR&R damages are intended to cover a certain percentage of an injured individual’s wages for a pre-determined period of time, while “maintenance and cure” damages are intended to cover the cost of an injured individual’s medical care and living expenses while they recover from their injury. Finally, in some cases, an injured individual may be eligible to pursue “contributory negligencedamages. This is a form of damages where an injured individual can recover a certain percentage of the money lost due to their injury even if they are found to be partially at fault for the incident. The percentage of damages an injured individual will recover is dependent on the degree to which they are liable for the injury.

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