When you suffer from a personal injury, you may obtain compensation. You may benefit from a few different damages in your case including compensatory damages and nominal damages.
However, in your case, you might find that you deserve damages in certain circumstances.
So what is punitive damage when it comes to personal injury cases?
Here’s a guide that can help.
Understanding Punitive Damage
This is an extraordinary form of damage awarded in personal injury cases. It is intended to punish the defendant and act as a deterrent against future wrongful behavior.
To get this, the defendant must have acted with the highest degree of negligence. Usually, they must have had a financial gain from the injury-causing behavior.
This type of damage is not available in all states and may be limited to certain types of personal injury cases. It is typically limited in the amount of recovery that can be obtained.
The Role of Exemplary Damages in Personal Injury Law
Punitive damages, or exemplary damages, are monetary damages a jury may award to a plaintiff in a civil action. It is to punish the defendant for egregious behavior.
Courts often award these damages in cases of gross negligence, wanton acts, intentional infliction of harm, or fraud. It is important to understand the process and the current laws regarding exemplary damage.
Generally, these damages are based on the wealth of the defendant. Also, the amount to be awarded must be reasonable and not excessive.
Assess Whether These Damages are the Right Option
Although exemplary damages can be appropriate in some cases, it’s important to assess whether they are the right option. It’s important to consider things like whether or not the defendant has deep pockets to foot the bill. You have to consider whether it may send an overly harsh or detrimental message from the court.
In many cases, the injured party may be better served by opting for other forms of compensation. Ultimately, it’s important to consider all options and factors before deciding on whether to seek these damages.
Arguments For and Against the Use of These Damages
Some say these damages are necessary to protect the public from greedy businesses or individuals who are indifferent to the safety and welfare of others. Others argue that such is arbitrary, unjust, and excessive. This can lead to financial ruin and wrongful convictions.
The best thing do to about punitive damage in personal injury is to seek legal counsel as soon as possible, as this form of damages can be tricky to navigate. If these damages are applicable in your case, an experienced personal injury lawyer can ensure that you get the maximum amount of compensation from the defendant.
Speak With a Good Lawyer to Get the Best Out of Your Case
Punitive damage can be confusing, but being aware of the potential for it in a personal injury case is essential. Knowing when to hire a personal injury lawyer experienced in civil litigation, and what factors the courts take into account can protect the injured person’s interests. Let an experienced attorney help you navigate this complicated field and seek the compensation you deserve.
Do you need more insights? Make sure to read our other posts.
