What are Punitive Damages?
It might be confusing when you win your accident case and different types of damages are awarded. Here’s some info that should help clear it up!
Types of Damages:
There are a few types of damages discussed in injury cases: Compensatory and Punitive.
Punitive damages are damages awarded to the plaintiff which are meant to punish the defendant for malicious, especially egregious, or grossly negligent misconduct. They will also serve to deter similar behavior in the future, both from the defendant as well as other members of the public.
Punitive damages differ from compensatory damages, as compensatory damages are intended to reimburse the plaintiff for the losses they suffer from an injury-causing event, like medical bills, lost wages, or pain and suffering.
Punitive damages are considered in cases that involve gross negligence or intentional misconduct where the defendant’s behavior demonstrates a reckless disregard for other people’s safety and rights. By imposing punitive damages, the justice system expresses a strong warning against future instances of that unacceptable behavior.
What is the purpose of punitive damages?
The point of punitive damages is to punish and deter gross negligence, which is defined as misconduct which goes beyond normal negligence or accidental harm. Defendants are held accountable by the legal system for their actions through punitive damages, and will stand as an example for others to be equally deterred from conducting themselves similarly.
This satisfies a societal need to obtain retribution for the moral outrage faced by such violations, as well as the need to prevent the likeliness of future similar offenses. Essentially, these damages promote justice and exemplify how the law will not allow such egregious actions to occur with impunity.
What factors influence how much is awarded for punitive damages?
There are many factors that matter when the court wants to figure out how many punitive damages would be appropriate to award. This is important so courts can make a clear example of how severe the defendant’s actions were, and appropriately punish the defendant to obtain justice.
The court considers a number of factors when determining how much to award for punitive damages:
These factors are as follows:
Degree of Malice or Recklessness: The extent to which the defendant’s violations are found to be malicious, intentional, or grossly negligent by the courts.
Severity of injury: The seriousness of the injuries and overall harm that the plaintiff suffered as a result of the defendant’s actions.
Defendant’s financial situation: The defendant’s finances is evaluated to ensure the damages are significant enough to deter without being disproportionately punishing
History of misconduct: If the defendant has committed the same offense in the past, the court may feel that previous punishments were ineffective, so larger punitive damages should be imposed. a history of similar violations suggest that the previous punishments were not strong enough deterrents; this motivates the court to impose harsher punishments
Compensatory damages already awarded: Courts often decide how much punitive damages to grant by multiplying the amount of compensatory damages by a factor of 1.5 to 5 times.
Public interest and deterrence: The public interest is a factor, since punitive damages aim not only to deter the defendant, but others from committing the same offense.
Overall, courts consider the degree of misconduct, how severe the offense has affected the victim, the defendant’s financial situation, and the potential for deterring future occurrences, to decide how much is fair and effective in punitive damages to award in order to uphold justice.
How do I know if I can get punitive damages for my personal injury case?
First, you must prove the defendant was acting maliciously, fraudulently, or with a gross disregard for other people’s safety and well-being.
Additionally, you must have suffered enough harm from the defendant’s actions to warrant receiving punitive damages. Severe physical injuries, emotional distress, or substantial financial losses will be strong indicators that you were the victim of significant enough harm. The worse the injury, the more likely for a court to award punitive damages.
Punitive damages also vary from state to state, Some states may impose caps on how much can be awarded to your case in punitive damages. Additionally, states vary in their standards for burden of proof.
You can ensure that you have sufficient evidence to demonstrate the defendant’s egregious misconduct by gathering medical records, witness testimonies, and other documentation (like at home videos) which will corroborate the severity of your suffering.
