Punitive Damages in Personal Injury Lawsuits

by attorneyscottcampbell

Punitive Damages in Personal Injury Lawsuits – Today’s Guest Blog is by The Law Firm of Percey Martinez.

A person who files a personal injury lawsuit might learn that they will be entitled to receive two types of compensations: specific and general damages. What most people might not be aware of is that they can also receive a damage known as “punitive damages”, often referred to as “exemplary damages”. What are punitive damages? Punitive damages are damages that a defendant might be ordered to pay as a result of their attempt to hurt someone or their reckless acts.

Punitive Damages in Personal Injury Lawsuits

Punitive Damages in Personal Injury Lawsuits

This is a damage that the court decides whether they want the defendant to pay it or not. If the court establishes that the defendant must pay punitive damages, the plaintiff will be entitled to obtain some or possibly all of the amount that the court orders the defendant to pay. The way that punitive damage differs from specific and general damages is the reason behind the compensation. With punitive damages, they are not mandated in order to pay back the victim for the injuries caused, they are ordered to serve as a form of punishment towards the defendant’s reckless actions.

Additionally, the court might order punitive damages if they believe that the amount the victim will be receiving is not fair for the number of damages that they sustained. As mentioned above, punitive damages were created to punish the defendant, but also to deter other people and the defendant from committing the same reckless actions again. For example, drunk driving. When a victim is injured by another driver who was driving under the influence, the victim will not only be entitled to receive specific and general damages, but they will be entitled to receive punitive damages because the actions of the driver were reckless. The drunk driver knew that driving while intoxicated could lead to another person’s injuries, but they still went ahead and drove that way. With the case mentioned above, the court will most likely require the drunk driver to pay punitive damages to deter them from ever driving drunk again.

Punitive Damages in Personal Injury Lawsuits

Cases Where Punitive Damage Can be Awarded

Punitive damages are not available for every personal injury case. Listed below are several different cases where punitive damages may be awarded:

  • Intentional torts like rape, assault, DUI
  • Product Liability like poorly manufactured products
  • Premises Liability

Punitive damages rarely ever amount to anything in the million dollar range. The average pay for punitive damages falls under $50,000.

Helping Victims Receive the Compensation That They Deserve Including Punitive Damages

If a person was reckless or intentionally hurt another person, the victim can possibly be awarded for punitive damages along with the actual damages they will receive. Everyone needs to be held liable for their actions and ordering a defendant to pay punitive damages is a great start in deterring them from ever committing the same action again. The personal injury legal counsels within Percy Martinez’s law firm always fight to obtain as much money as possible for their clients. They want to see justice served.

Punitive Damages in Personal Injury Lawsuits

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