Posted in
On October 28, 2025
In a personal injury case, you may be awarded various types of damages. Compensatory and punitive damages are two such types of damages you may be entitled to, but their purposes and when they are awarded are very different. Our experienced lawyers can investigate your case and explain the damages you may be entitled to recover.
What Are Compensatory Damages?
These types of damages derive their name from the fact that they are intended to compensate victims for their losses, thereby making the victim “whole” again. These damages fall into the following categories:
Economic Damages
Special damages are economic damages that compensate victims for tangible losses they’ve suffered due to the accident, such as:
- Medical expenses, including hospital stays, ambulance rides, surgical costs, medication, rehabilitation, therapy, and future medical expenses
- Loss of income, including for immediate lost wages, as well as for long-term reductions in your earning capacity
- Property damage for costs to repair or replace your damaged vehicle or other personal property
- Out-of-pocket expenses, such as alternative transportation costs, travel costs for medical appointments, and home modifications to accommodate a disability
Receipts, invoices, and bills can help show the value of these losses.
Non-Economic Damages
Non-economic damages, also known as general damages, compensate victims for intangible losses they have suffered as a result of the accident. These losses are difficult to quantify, as they include such matters as:
- Pain and suffering for the physical pain, suffering, and discomfort you experienced because of the accident
- Emotional distress from the mental trauma the ordeal had on your life
- Loss of enjoyment of life due to disabilities or not being able to enjoy favorite activities
Insurance companies may use formulas to determine the value of these losses, while juries may consider what they would feel these losses were worth in their own lives.
What Are Punitive Damages?
Punitive damages serve a very different purpose than compensatory damages. Rather than compensating the plaintiff, they are intended to punish the defendant. They are rarely awarded and only in cases involving egregious misconduct by the defendant. They aim to deter similar behavior in the future.
The amount of punitive damages depends on factors such as:
- The severity of the misconduct
- The defendant’s intent
- The duration of misconduct
- The harm the plaintiff caused
- The defendant’s financial status
- The message the court wants to send
- Whether state damage caps apply
These damages are only awarded when there is clear and convincing evidence that the defendant acted with reckless disregard for the rights of others or intentionally with malice.
Contact Oklahoma Injury Law for Help Pursuing Compensation for Your Losses
If you were injured due to someone else’s misconduct, you deserve to be fairly compensated for all of your losses and to recover damages provided under Oklahoma law. If you would like to learn about the damages you might be entitled to, contact Oklahoma Injury Law online or call us at (405) 310-8800 today for a free case review.