When are Punitive Damages Available?

Punitive damages car accident damages are only available in certain circumstances. Punitive damages are intended to punish the person upon whom they are imposed. They are generally granted in addition to compensatory damages.

Limitations on Punitive Damages

Punitive damages go above and beyond compensation for injuries or death. They are often awarded by juries in cases where the defendant's conduct is shocking or seriously unjust. They have sometimes resulted in what is known as a windfall verdict. This leaves the victim with not only compensation for injuries and damages, but additional money to do with as they choose.

In jurisdictions and cases where punitive damages are allowed, the amount must be reasonable. The Supreme Court has declared that they must not in any case exceed a single digit multiplier of the compensatory damages awarded in a case. In other words, if you are awarded $10,000 in compensatory damages, your punitive award cannot exceed $90,000. This decision of the Supreme Court was issued in response to some extremely large punitive damage verdicts.

Because punitive damages are awarded to punish the defendant, the defendant's behavior must have been malicious or egregious in order to warrant this type of damages. In most cases, they are not available in accidental injury cases where the defendant's behavior was merely negligent.

They can be awarded by a judge or jury depending on whether a jury trial was waived. Some states do not allow punitive damages, so consult local counsel to find out if they will be available in your case.

Cases In Which Punitive Damages May Be Awarded

Because they compensate plaintiffs for more than their calculable injuries, punitive damages are limited to certain cases in the jurisdictions in which they are allowed. They are sometimes awarded in the following types of cases (though it is up to the discretion of the trier of fact):

Tort cases in which the defendant's behavior was particularly egregious.
Contract cases (rarely) in which the defendant's behavior was in bad faith (such as insurance bad faith claims).

The law varies by jurisdiction, and you should discuss your specific claim with a lawyer in your vicinity.

Getting Legal Help

If you were injured and have questions about punitive damages, you can discuss your case with an experienced attorney in your jurisdiction. An attorney will help you by answering all of your legal questions, filing a claim on your behalf if it is appropriate to do so and guiding you through the legal process.

Have an Accident Claim?