Definitions: Damages Phase
After the Liability Phase (where your attorney proves that the Defendant was legally responsible or "liable" for you or your family member"s injury) the trial moves into the Damages Phase. In this phase, there is no question that the Defendant caused, and is responsible for, you or your family member"s injury. Rather, the goal of the Damages Phase is to determine how much the Defendant owes you for such injury.
Generally, there are two categories of money damages, Compensatory Damages and Punitive Damages. It should be noted that even if you win both the Liability Phase and the Damages Phase, there is a possibility that you may still not get paid. Such an unfortunate outcome is the result of a simple economic fact, the Defendant, while admittedly liable and responsible for the injury, may simply have no money. You should always consider such a possibility before suing the Defendant. Often it will be apparent from observation that the Defendant is "judgment proof," however, be aware that there may be "deep pockets" lurking somewhere behind the judgment proof Defendant.
See Tort Components: Joint & Several Liability
-- Article Courtesy of InjuryBoard.com
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