In a case brought by a victim of crime, the purpose of an award of damages is to compensate the victim for the losses caused by the crime. These include out of pocket losses that can be easily calculated and emotional losses that cannot be. To recover a financial award, the plaintiff must establish that she suffered harm caused by the defendant.
Depending on the particular claim, compensatory damages can include medical and counseling expenses, pain and suffering, psychiatric, psychological and emotional harm, disfigurement, aggravation of a pre-existing condition, likelihood of future illness, lost earnings and diminished earning capacity, loss of the victim’s homemaker services and damage to property. In some instances, the victim’s spouse or child can receive damages for loss of the victim’s “society, affection and support.” An award can be for past and likely future damages. Pain and suffering damages include compensation for the overall devastation to the quality of the victim’s life.
Punitive damages in Massachusetts are available in certain types of cases, such as wrongful death and some types of employment discrimination Punitive damages are not limited to actual losses and are meant to punish particularly egregious conduct.
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