Understanding Punitive Damages in Personal Injury Cases in Pennsylvania
In a successful personal injury claim, the court awards compensatory damages. Expenses like medical care, missed wages, and emotional distress due to the damage are all covered by these. Nonetheless, an additional form of damages can raise the overall award. Punitive damages, although much less common, can be significant when the actions of one side are thoughtless or deliberately harmful.
Why are punitive damages relevant in cases involving injuries, and how precisely are they computed? While compensatory damages seek to make you whole, punitive damages seek to punish the perpetrator and discourage future behavior. Still, they aren’t given automatically. For Pennsylvania punitive damages to be granted, certain elements must be in place. This is where a personal injury lawyer can really make a difference.
Knowing your legal options after an injury will allow you to understand punitive damages and when they apply. Should your case call for negligent action, a personal injury attorney can assist you in navigating the court system and looking at all the legal avenues forward.
What are punitive damages?
Punitive damages are a type of financial compensation that goes beyond making the injured party whole. They are intended to punish the wrongdoer for particularly egregious conduct and deter others from committing similar acts. While compensatory damages address the physical, emotional, and financial harm caused by the injury, punitive damages focus on the behavior of the defendant.
Quick breakdown:
- Compensatory damages = to “make you whole” (medical costs, lost income, pain and suffering, property damage)
- Punitive damages = to punish and deter reckless or malicious behavior
In Pennsylvania, punitive damages can be awarded in personal injury cases where the defendant’s actions were more than just negligent. For example, if someone causes an accident while under the influence of alcohol or drugs, or if their actions were especially reckless, punitive damages may be on the table. But they’re not guaranteed. In fact, they are only awarded in cases where the defendant’s conduct was outrageous or extremely harmful.
When can punitive damages be awarded in Pennsylvania?
In Pennsylvania, punitive damages aren’t automatically awarded in every personal injury case. They’re reserved for cases where the defendant’s actions were particularly outrageous. Here are a few scenarios where punitive damages might apply:
- Gross negligence: If the defendant’s actions went beyond simple carelessness and their behavior showed a complete disregard for the safety of others, punitive damages might be considered. An example could be a driver who repeatedly ignores traffic laws and drives recklessly in a way that leads to a severe accident.
- Intentional harm: If the defendant intentionally causes harm to the plaintiff, punitive damages may be awarded. This is often the case in assault or battery situations, where the injury was purposefully inflicted.
- Malice or fraud: If the defendant’s actions were done with malice, fraud, or a wanton disregard for the plaintiff’s safety, punitive damages may be added. This can be seen in cases of fraud, defamation, or extreme deceit.
Punitive damages in personal injury cases are not common, but they can play a significant role in cases where the defendant’s actions were malicious or reckless.
How are punitive damages calculated in Pennsylvania?
Calculations for punitive damages are somewhat subjective. At least part of compensatory damages are based on actual financial losses like medical bills and lost earnings, while the rest are for losses like pain and suffering. Similar to pain and suffering, there are no receipts to back a specific amount. Instead, the court will consider the defendant’s behaviour and the need to deter future misconduct.
Pennsylvania courts do not have a fixed formula for calculating punitive damages. However, they usually consider factors like:
- The degree of recklessness or maliciousness in the defendant’s actions.
- The harm caused to the plaintiff.
- The financial status of the defendant (in some cases, punitive damages may be higher if the defendant can afford to pay more).
- The need to deter similar conduct in the future.
In some cases, punitive damages can be significantly higher than compensatory damages.
How a personal injury lawyer can help you recover punitive damages
If you’re considering whether punitive damages might apply to your case, the help of an experienced personal injury lawyer is essential. Pursuing punitive damages can be complex, and courts will only allow them if you are able to build a strong case proving that the defendant’s behavior met the above standards. A lawyer can help you determine if your case qualifies for punitive damages based on the facts and evidence.
Your lawyer should be prepared to:
- Investigate the case thoroughly: Whether you’re pursuing compensatory damages alone, or punitive damages, collecting evidence is an extremely important part of your case. For punitive damages, the evidence will also have to show that the conduct was reckless, malicious, or intentional.
- Present your case to the court: Just gathering the evidence isn’t enough. Your lawyer has to argue effectively before the judge and jury and show how the conduct went beyond standard negligence. This effort will require skillful and persuasive presentation of the facts and evidence.
- Fight for maximum compensation: Your lawyer should be pursuing all possible forms of compensation aggressively.
Final thoughts: knowledge is power after an injury
Punitive damages can increase the total award in a successful personal injury claim in Pennsylvania. If the defendant’s behavior was particularly egregious or malicious, your attorney should look for ways to pursue these damages. While courts do not often award them, they serve an important function. Punitive damages help to hold wrongdoers accountable which can deter harmful actions in the future – both by the defendant and others.
If you believe your injury case may qualify for punitive damages, discuss your case with an experienced personal injury lawyer. At Carmody & Ging, Injury & Accident Lawyers, we understand the challenges faced by injury victims in Pittsburgh and across Pennsylvania. We’re committed to providing compassionate, personalized legal representation. Whether your injury happened at work, in a car accident, or elsewhere, our attorneys are here to help.
Contact us today for a free consultation and learn how we can help you.