Finding yourself on the receiving end of an injury is a frustrating experience, especially when the incident was caused by someone else. Considering that the costs associated with personal injury cases can be quite extensive too, it’s worth your while to pursue as many damages as possible in your case.
Punitive damages are a unique type that you can consider pursuing, depending on the details of your case. Learn everything you need to know about these damages, including when they apply, to see if they are right for your situation.
What Are Punitive Damages?
For those unfamiliar, punitive damages differ from economic and non-economic damages in one key way: they are not meant to make you whole. Rather, punitive damages are meant to punish defendants for egregious behaviors.
The common cases where punitive damages may apply are those where there was fraud, gross negligence, or intentional harm as it elevates the case to a more serious matter, legally speaking. Punitive damages can sometimes result in you receiving compensation, but can also result in fines, jail time, and other punishments meant to deter that behavior from others in the future.
Legal Standards for Awarding Punitive Damages
As mentioned, punitive damages are viewed as more serious given that their intent is to deter similar behavior in the future. As a result, the standard for awarding punitive damages is narrower than that for general economic or non-economic damages.
The foundation for punitive negligence is gross vs. ordinary negligence in the case. Gross negligence is a higher level of negligence than ordinary negligence, meaning that it is a reckless and thoughtless disregard for the safety of others, whereas ordinary negligence is just a failure to exercise reasonable caution.
Consider a driver behind the wheel as an example. Ordinary negligence may be failing to use a turn signal before making a maneuver on the road. Gross negligence would be something more serious, like getting behind the wheel while drunk. This type of negligence falls between intentional harm and general indifference, with a person often considered to be recklessly indifferent.
Given that this level of disregard can lead to severe injury or death, and the defendant was aware of this, it warrants a higher level of damages…
Types of Personal Injury Cases with Punitive Damages
As alluded to, there are a number of personal injury cases that more often see punitive damages involved. The most common types include:
- Drunk Driving Accidents: Courts often impose punitive damages for reckless behavior.
- Medical Malpractice with Intentional Cover-Ups: When doctors or hospitals hide mistakes.
- Defective Products and Corporate Misconduct: Holding companies accountable for dangerous products.
- Nursing Home Abuse Cases: Severe neglect or intentional harm leading to injury or death.
The above are just samples of cases with punitive damages. Any case can theoretically be elevated to the level of having punitive damages involved, which is why you should partner with an attorney to review the facts of your case.
How Courts Determine the Amount of Punitive Damages
There are a variety of factors that can influence punitive damage award amounts. The factor that has the biggest influence, arguably, is the severity of the defendant’s misconduct. Their financial status may also make a difference, as corporations, for example, are often held to a higher standard due to regulations and will face steeper penalties.
The ratio of punitive to compensatory damages will also be taken into account because, again, the ultimate point of a personal injury case is to help make the plaintiff whole. There are state-by-state variations in punitive damage caps too, so research the rules in the area you live.
Common Challenges in Seeking Punitive Damages
Given the severity and scope of punitive damages, succeeding in having them awarded is generally harder than economic and non-economic damages. This is because they require a higher burden of proof as compared to alternative compensatory damages.
There are a myriad of defense strategies to fight against punitive damage claims, with most arguments centered around reducing the scope of the negligence in the case. This is why having strong evidence, expert testimony, and skilled legal representation backing up your claim is so crucial.
Make Yourself Whole After the Personal Injury
Remember that while economic and non-economic damages are meant to make you whole, punitive damages are meant to punish and set a precedent.
They will require a higher burden of proof as a result which is why you need to find a lawyer who can help you manage the evidence in your case such that the courts see the scope of the issue. Therefore, take the time to find an attorney who’s the right fit for your needs.
