By: SEO Mavens

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 ask for compensatory damages.

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

And, of course, you’d have a higher chance of getting maximum compensation when you have the personal injury attorneys at Alexander Shunnarah Trial Attorneys to represent you. They are a national network with many dedicated professionals helping accident victims secure fair compensation. With a reputable record of success, they offer reliable support during difficult times.

Punitive damages are designed to punish the wrongdoer in particular. These damages aren’t aimed at compensating you directly; instead, they’re intended to impose a financial penalty on the person or company responsible for the harm.

The goal is to set an example and deter them (and others) from doing the same thing in the future.

When Can You Seek Punitive Damages?

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 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 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. Courts often award punitive damages 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, you slip and fall in a grocery store. Maybe some water on the floor wasn’t cleaned up, and you end up with a broken arm.

You have a personal injury case and should seek compensation for your medical bills and other expenses.

But unless the store was grossly negligent—maybe they knew about the spill but 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 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 will happen again.

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

Conclusion

Not all personal injury cases qualify for punitive damages. To claim them, you must prove that the person or company responsible for your injury acted intentionally or negligently or showed a willful disregard for your safety.

It’s not enough to show that they were careless or made mistakes. 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: Annie P.