Punitive Damages
Whenever you experience a personal injury as the result of someone else’s negligence you may be eligible to recover damages you incurred as a result of that injury (see Understanding Personal Injury Lawsuits). Generally, when victims of personal injury accidents seek legal action, they want to be compensated for their medical bills, time and money lost from work, loss of the ability to work, and pain and suffering (these are called compensatory damages). Basically, plaintiffs want to be reimbursed for the expense of taking care of their injury and the effects that injury has had on their day-to-day lives.
Punitive damages go above and beyond plaintiff reimbursement and may be sought in addition to compensatory damages (see Types of Damages Awarded in Personal Injury Lawsuits). While compensatory damages are designed to reimburse individuals for harm endured as the result of someone else’s actions, punitive damages are designed to punish the person who caused the harm.
To be eligible for punitive damages, you must establish that the person who caused your injuries did so with malicious intent. Malicious intent is when someone knows—or should have known—their behavior may cause harm to someone else and they still choose to engage in the activity. In this way, malicious intent is different than negligence. If someone causes an accident where you sustain injuries, you may not be eligible for punitive damages unless you can prove that the person’s behavior was intentionally destructive. Your attorney should be able to help you determine if you should pursue punitive damages.
Awards granted for punitive damages are often quite excessive. But remember, punitive damages are not meant to compensate victims, but punish perpetrators. A jury determines the amount awarded for punitive damages; punitive damages are, therefore, very subjective and unpredictable. Juries must consider the specifics of a situation to determine an amount that will serve as a just punishment for the defendant.
Punitive damages are supposed to make it unprofitable for individuals or corporations to engage in similar behavior in the future. They also set a precedent to deter others from similar conduct. This is especially important for large corporations that have the potential to affect countless lives. When corporations make decisions in the interest of profit and not people, there needs to be severe consequences. Punitive damages attempt to provide those severe consequences.
Punitive damages are not only awarded in accidents, but may be included in any type of personal injury including products liability, medical malpractice and any other type of tort (see What is a Tort?). Your attorney should be able to tell you if you may seek punitive damages for your injury.
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