Will the person who caused my injuries be punished?

December 24, 2009

No. Governmental punishment, such as jail sentences and fines, is the result of a criminal case. A personal injury lawsuit, by contrast, is a civil case.

Defendants in personal injury lawsuits do not receive criminal sentences if the plaintiff wins their case. Rather, the defendant will be ordered to pay a certain amount of money to the plaintiff as compensation for their injuries, known as “damages.”

Note that there is a type of damages viewed as punishment that can be awarded in civil cases. These are known as punitive damages, and they are awarded in cases where the defendant’s conduct was reckless, intentional or malicious. Unlike a fine that goes to the government, however, punitive damages are paid to the plaintiff.

If you have been the victim of an accident, contact Fears | Nachawati today for free legal advice. Simply email us or phone us toll free at 1.866.705.7584.

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