Punitive damages aren’t like the regular damages you’d typically think of in a personal injury case. Normally, when you file a personal injury claim, you’re asking for compensatory damages.

That’s a way of saying you want to be compensated for the harm you’ve suffered, things like medical bills, the pay you lost due to your inability to work, and the pain you’ve had to endure.

And, of course, you may increase your chances of receiving fair compensation when you have the personal injury attorneys at Alexander Shunnarah Trial Attorneys to represent you. They are a national network comprising over 500 people working hard to help accident victims get the compensation they deserve. These legal professionals bring extensive experience, offering valuable support during challenging times. 

Punitive damages are designed to punish the wrongdoer in particular. These damages are not really about compensating you but rather about making sure the person or company that harmed you gets hit with a financial penalty. The goal is to make an example out of them, to deter them (and others) from doing the same thing in the future.

When Can You Seek Punitive Damages?

In order to qualify for punitive damages, the person who caused your injury has to have done something more than just make a mistake or be careless. We’re talking about intentional misconduct or gross negligence.

Let’s put this into perspective. If someone runs a red light and hits your car due to an honest mistake, maybe they were distracted for a second, they’re probably going to be responsible for compensatory damages like paying for your medical bills and fixing your car.

But punitive damages? Not likely. They’d have to do something much more reckless or even intentional to trigger punitive damages.

But then, let’s say that the driver was drunk or under the influence of drugs. That’s a whole different ball game. Driving drunk isn’t just a careless mistake; it’s grossly negligent on the driver’s part. In many cases, courts will award punitive damages in situations like this to punish the driver for intentionally putting others at risk.

Are Punitive Damages Awarded in Every Personal Injury Case?

No. Not even close. The truth is that punitive damages are pretty rare. Courts don’t hand them out just because someone got hurt. The reason for that is simple: punitive damages are meant to punish, and not every injury is caused by behavior that deserves punishment.

For example, let’s say you slip and fall in a grocery store. Maybe there was some water on the floor that wasn’t cleaned up, and you end up with a broken arm.

You definitely have a personal injury case, and you should absolutely pursue compensation for your medical bills and other expenses.

But unless the store was grossly negligent; maybe they knew about the spill and ignored it for hours, punitive damages probably aren’t going to come into play.

Limitations and Caps on Punitive Damages

Many states have specific laws that limit how much punitive damage you can actually claim, even if you can prove that the other party acted maliciously.

These caps are in place to prevent excessive or unreasonable punishments. For example, some states might say that punitive damages can only be a certain multiple of the compensatory damages you’re awarded, like three times that amount. Others might set a specific dollar limit on punitive damages.

Also, courts don’t just hand out punitive damages like candy. They carefully consider the circumstances of each case before making a decision.

They’ll look at things like how severe the wrongdoing was, the financial situation of the person being sued, and whether the behavior is likely to happen again.

The idea here is to strike a balance; punitive damages should be significant enough to punish but not so excessive that they seem unfair.

Summary

Not all personal injury cases qualify for punitive damages. To claim them, you’ll need to prove that the person or company responsible for your injury acted with intentional misconduct, gross negligence, or showed a willful disregard for your safety.

It’s not enough to show that they were careless or made a mistake. At the end of the day, whether or not you can claim punitive damages depends on the specifics of your case.

It’s always a good idea to talk to a personal injury lawyer who can evaluate your situation and help you understand what damages you might be entitled to.

Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.

Published by: Josh Tatunay