Personal injury cases can be complex and emotionally challenging, especially when the injuries sustained are severe or permanent. In some cases, the at-fault party’s actions may be deemed reckless, negligent, or even intentional, warranting punitive damages.
However, one cannot expect punitive damages in settlement negotiations. They are only awarded in trials.
In this article, we’ll explore when you can seek punitive damages in a personal injury case.
What Are Punitive Damages?
Punitive damages are a type of damages awarded to plaintiffs in personal injury cases where the defendant’s actions are deemed particularly egregious. Unlike compensatory damages, which aim to compensate the plaintiff for their losses, punitive damages are designed to punish the defendant and deter similar behavior in the future.
When Can You Seek Punitive Damages?
Punitive damages are a type of damages awarded to plaintiffs in personal injury cases where the defendant’s conduct is deemed particularly egregious. There are three main scenarios where punitive damages are typically awarded:
Reckless Conduct
Reckless conduct refers to actions that demonstrate a blatant disregard for the safety and well-being of others. This can include:
- Drunk driving: Driving under the influence of alcohol or drugs, which can lead to accidents and harm to others.
- Speeding: Excessive speeding, especially in areas with heavy pedestrian or vehicular traffic.
- Texting and driving: Using a mobile device while driving can lead to distracted driving and accidents.
- Ignoring safety protocols: Failing to follow established safety protocols, such as ignoring warning signs or neglecting to use safety equipment.
Negligent Conduct
Negligent conduct refers to actions that fall short of the expected standard of care, resulting in harm to the plaintiff. This can include:
- Failure to maintain property: Failing to maintain property, such as neglecting to repair hazards or ignoring safety concerns.
- Medical malpractice: Failing to provide adequate medical care, such as misdiagnosing a condition or neglecting to provide proper treatment.
- Product liability: Failing to ensure that products are safe for use, such as neglecting to test for defects or ignoring safety concerns.
- Employer negligence: Failing to provide a safe work environment, such as neglecting to train employees or ignoring safety protocols.
Intentional Conduct
Intentional conduct refers to actions that are deliberately taken to cause harm to the plaintiff. This can include:
- Assault: Physically attacking or threatening to attack someone.
- Battery: Physically harming someone, such as hitting or pushing them.
- False imprisonment: Intentionally restricting someone’s freedom, such as locking them in a room or refusing to let them leave.
- Defamation: Intentionally spreading false information about someone, which can harm their reputation.
How Are Punitive Damages Awarded?
Punitive damages are typically awarded by a jury or judge after a trial. The amount of punitive damages awarded can vary widely, depending on the specific circumstances of the case.
In some states, there are limits on the amount of punitive damages that can be awarded. For example, some states may limit punitive damages to a certain multiple of the compensatory damages awarded.
The Impact of Punitive Damages on Settlement Negotiations
Punitive damages can play a significant role in settlement negotiations. If the plaintiff is seeking punitive damages, the defendant may be more likely to settle the case to avoid the risk of a large punitive damages award.
However, punitive damages can also make settlement negotiations more challenging. The defendant may be unwilling to settle the case if they believe that the plaintiff’s demand for punitive damages is unreasonable.
Conclusion
Punitive damages can be a powerful tool in personal injury cases, allowing plaintiffs to seek justice and hold defendants accountable for their actions. However, punitive damages are not automatically awarded in every case, and the decision to seek punitive damages should be made in consultation with an experienced personal injury attorney.
