After a jury has returned a verdict in favor of a plaintiff in an Alabama personal injury case, the jury will then determine the appropriate amount of compensation that the plaintiff should be awarded. This compensation is called “damages.” In Alabama, there are two types of damages awards that a plaintiff can recover: compensatory damages and punitive damages.Compensatory damages are designed to put the plaintiff back in the place they were before they were involved in the incident. Categories of compensatory damages include medical expenses, lost wages, and compensation for any pain and suffering endured as a result of the accident. In general, there is no limit to the amount of compensatory damages that a plaintiff can recover.
Punitive damages are focused not on the suffering of the victim but on the wrongdoing of the defendant. As a result, punitive damages are designed to “punish” a defendant for especially egregious conduct. In Alabama, punitive damages are not available in all cases, and a plaintiff must establish by clear and convincing evidence that the defendant committed fraud, acted with malice, or acted with a “reckless or conscious disregard of the rights or safety of others.”