In an Alabama car accident claim, a plaintiff is required to prove the damages he or she claims to have sustained in the accident. Depending on the type of case and the injuries involved, there are different types of damages a plaintiff may be able to recover. One type is compensatory damages. Compensatory damages are meant to compensate the plaintiff for the plaintiff’s injuries and other losses. Examples of compensatory damages include medical expenses, property damages, and lost income. They can also include compensation for a plaintiff’s pain and suffering and emotional distress.
Another type of damages is punitive damages, which are available only in certain claims. Punitive damages are meant to deter harmful conduct and to punish the defendant. Since the purpose of punitive damages is not to compensate the plaintiff, an award of punitive damages is largely within the discretion of the jury. However, punitive damages are only available in Alabama in wrongful death claims or in claims in which the plaintiff proves that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice.
Plaintiffs who are injured in an accident are entitled to compensation for their injuries, despite any preexisting conditions or unique conditions. In other words, the defendant takes the plaintiff “as is.” That means that even if a plaintiff’s injuries are more severe than the average person’s would be, the defendant is still liable for all of the plaintiff’s injuries and damages caused by the defendant’s negligence.