What is the difference between compensatory and punitive damages?
Compensatory damages and punitive damages are two different types of damages that are awarded to plaintiffs in a personal injury case in Massachusetts. Compensatory damages are intended to compensate the injured person for their losses, such as medical bills and lost wages. The amount of compensatory damages is based on the actual costs incurred or lost due to the injury. Punitive damages are those that are awarded to punish the wrongdoer for their actions in causing the injury. These damages are not based on any actual costs incurred by the injured person and are awarded above and beyond the compensatory damages. Punitive damages are designed to discourage the wrongdoer from engaging in similar conduct in the future. In Massachusetts, punitive damages are rarely awarded and only when the conduct of the wrongdoer is found to be particularly egregious, such as intentional misconduct or gross negligence.
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