Those who believe they may have reason to file a personal injury suit may wonder whether they can receive punitive damages. This type of damages can serve multiple purposes: it can punish a defendant for his or her actions, and it can deter them from committing similar acts later. Punitive damages aren’t the same as compensatory damages, which reimburse a plaintiff for economic or physical losses.
Awarding Punitive Damages
Not all cases end in punitive damages, and claims typically go through rigorous analysis. Tort and personal injury cases can result in punitive damage claims, especially in cases where a defendant has behaved in a reprehensible manner. Courts look for elements such as:
* The plaintiff must receive another type of damages (nominal or compensatory). Punitive damages cannot be awarded alone.
* A defendant must have acted in a purposeful or malicious way. Negligent or accidental conduct is insufficient to justify punitive damages.
* The damages must be awarded in amounts proportionate to actual damages. Punitive damages in excessive amounts are often considered unconstitutional.
* Damages are typically available only in cases where a plaintiff has suffered direct harm.
Punitive damages are only awarded if all listed factors are satisfied. Many personal injury attorneys Brockton face challenges when determining the proportionality of an award amount.
Calculating Punitive Damages
There is no limit on punitive damages, but that does not mean that a plaintiff can claim any amount they wish. Case law provides guidelines on the administration of punitive damages , and the formula can vary by jurisdiction.
Limits on Recovery
In most cases, punitive damages cannot be more than four times the claimed compensatory damages. The actual limit can vary by jurisdiction, but a 4:1 ratio is typically considered proportionate. Courts have held that larger ratios are disproportionate and unconstitutional.
Hiring an Attorney for Punitive Damage Suits
Injury victims should consult a personal injury attorney with website name to find out whether they may be able to receive punitive damages. As previously mentioned, punitive damages must be given in conjunction with compensatory damages. Therefore, a client cannot file just to punish a defendant, and personal injury attorneys Brockton must help them prove their case’s merits.
