If they are successful, they will receive money to pay for their medical expenses, car payments and other costs. In rare cases, victims can also receive punitive damages in order to punish certain behaviors and set an example. Although they are not awarded very often in personal injury claims, you may see them in certain situations.
The jury Sees Fit
In many cases, victims of car accidents receive compensation to cover their accident-related costs. Punitive damages may be awarded by a jury or judge based on a defendant’s actions. If they acted maliciously, with intent, willfully or wantonly, for example, it might be more than negligence. A jury may believe that the defendant deliberately put a victim in an unreasonable danger of harm, or consciously ignored it.
The Other Damages Have been Fulfilled
Punitive damages don’t come in a ‘either/or’ type of compensation. In some cases, punitive damages are only available if compensatory damages have already been awarded. Punitive damages are awarded after compensatory damages.
Directly harmed
In most cases, victims are only awarded punitive damage if their actions were directly harmful. Punitive damages are not always an option. Over the years, many famous cases involved punitive and direct damages. One of these was a Los Angeles juror awarding $28 Billion against Philip Morris. Betty Bullock had lung cancer that was inoperable and sued Philip Morris for fraud, strict liability and negligence.
Stella Liebeck, a woman from New York City, sued McDonald’s in 1992 after she suffered third-degree burns due to her hot coffee. The jury awarded her $160,000 as compensatory damages and $2.7 million punitive damages after finding out that McDonald’s was aware of the dangers associated with their product and had not taken any action to fix it. Her punitive damages, however, were reduced later to $480,000.
Malicious Intent Was Proven
When a judge or jury believes that a defendant has acted maliciously, with malice, and/or purposefully, they may decide to award punitive damage to the victim. You might not receive punitive damages if the defendant was at fault in a car crash, but you may be eligible for them if the driver intentionally drove another off the road.
Average Punitive Damages
You may be asked about punitive damages when you consult with an attorney for personal injury to discuss your case. It’s natural to wonder what to expect when your case could qualify for punitive damage.
These damages are usually awarded according to the severity of a case, and they don’t generally exceed a 10:1 ratio. You can expect to receive punitive damages no higher than $100,000 if you have received compensatory damages in the amount of $10,000. There may also be a limit on the amount of damages that can be awarded depending on where you reside. This is because in the past, unrealistic figures were awarded.
It’s true that punitive damages are rare. But, it doesn’t mean that they never happen. To learn more about punitive damage, talk to a local personal injury lawyer to determine if it is likely that they will be awarded in your case.