Damages Experts & Forms Of Recovery For Property Damage

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Damages experts may opine on these forms of recovery for property damage:

  • Compensatory Damages. Compensatory damages are designed to place a victim in the position he or she would be in if the defendant's wrong had never occurred. Compensatory damages include the amount needed to replace or repair the lost or injured property, as well as any costs flowing from the injury (known as consequential damages). Consequential damages may cover the costs of interim replacement property (such as a rental car) as well as any lost profits resulting from the injury.
  • Incidental Damages. Incidental damages compensate victims for various expenses incurred as a result of property loss. Incidental damages may include the costs of phone calls, shipping, transportation, etc.
  • Punitive Damages. Punitive damages are not awarded to compensate victims for their losses, but rather to punish defendants and deter others from engaging in similar behavior. Punitive damages may not be awarded without compensatory damages and typically cannot exceed ten times the amount of compensatory damages. However, because punitive damages are intended to punish defendants, a jury may consider a defendant's total wealth when calculating a punitive damage award.

 

For more, see http://www.justia.com//.

 

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