When Can One Expect Punitive Damages in Personal Injury Cases?

When people fall victim to the abusive actions of another, they are entitled to claim legal consequences for that act. Although our modern society is governed by high ethical standards and rules, harmful acts still occur. However, there is a solid body of legislation that is meant to protect the average American from harm.

What Does the Law Have to Say About Punitive Damages?

If you are the victim of the negligence of another, you can receive compensation for your pain and may also access punitive damages. Depending on the severity of the accident, you could qualify for punitive damages in several situations, including traffic accidents and defective products.

What Are Punitive Damages?

Punitive damages are awarded in personal injury cases when the individual is severely harmed. These are most often awarded when there is also a criminal case against the defendant for the offense.

Unlike compensatory damages, punitive damages are not meant to compensate for your pain and suffering; instead, these aim to punish and deter from committing future wrongful acts. In certain situations, non-economic emotional damages such as mental anguish or catastrophic injuries are the types of claims that are awarded the highest amount of money.

When to Expect Punitive Damages?

In general, one may expect to access punitive damages in the following situations:

• contract breaches
• oppression
• fraud
• malice

It is important to note that each case is unique, and can be difficult to assess based on precedent (especially concerning punitive damages). Some determining factors are the severity of the wrongful act, intent, the extent of injuries suffered, and the number of victims.

Personal injury lawsuits may arise out of any situation, including nursing home abuse. In most cases, injuries are the result of negligent or reckless conduct rather than an intentional act. However, intent can be difficult to prove in court. Having a qualified lawyer can help with your legal battle.

Punitive damages are rarely requested by attorneys. Instead, most plaintiffs look for compensatory damages, which are easier to access. This is especially true in medical malpractice since it is extremely challenging to prove mal intent on the physician's part.

Winning a lawsuit requires a strong case and a savvy attorney. If you are looking forward to getting the highest monetary recovery with Hilliard Martinez Gonzales, do not hesitate to reach out today.

Make sure that you thoroughly go through your case with a legal expert. Based on the specifics of your case, they will be able to recommend the best course of action. If you were involved in a situation mentioned below, do not hesitate to discuss punitive damages with your lawyer:

• Car accidents (or any motor vehicle accidents)
• Professional malpractice
• Dangerous or defective products

The Process of Evaluating Punitive Damages

It is always a challenge to come up with an exact amount of money the defendant should pay. You might be tempted to think that filing a lawsuit against a defendant can be something you can handle on your own. However, having a qualified lawyer on your side will greatly benefit your case and increase the chances of victory.

In most states, a plaintiff claiming negligence will need to prove:

• the defendant's duty of care;
• the defendant's breach of that duty;
• actual causation (cause in fact);
• proximate causation;
• actual damages.

This lengthy process often gets stuck in the trial phase due to the difficulties in proving the difference between actual causation and proximate cause. The first refers to the cause or start of the initial conflict. The second type of causation refers to the secondary consequences linked to the initial trigger. Even if the initial act was a minor one, the consequences it generated might be considerable.

Final Thoughts

Not all damages suffered by a personal injury are economic. Non-economic damages, like loss of companionship, are more subjective and thus harder to quantify. These experiences are highly personal and are challenging to convey. Yet a qualified lawyer can help translate your experience.

Whether it’s a health-related medical injury or a work-related one, the legal process around a personal injury case is quite similar. Both the plaintiffs and law professionals who try to evaluate the costs suffered for a prejudice must work together as a team to increase the chances of a successful outcome.