When Can I Get Punitive Damages in a Personal Injury Case?
If you have suffered a personal injury, the law says you are entitled to be paid for all the harm that you have suffered. The Riverside personal injury lawyers at Heiting & Irwin can lead that fight for you and have been successful in doing so with thousands of clients over the last 47 years.
Compensation in a personal injury case consists of economic and non-economic damages. In certain instances, where there is extreme or egregious conduct, a jury could slap the defendant with punitive damages. These damages act as a punishment, and would be awarded in addition to your compensatory damages.
When you have been hurt in any type of accident, you can get legal help immediately by contacting a Riverside personal injury attorney at Heiting & Irwin by calling us at (951) 682-6400. Schedule a free initial consultation with an attorney to discuss your case today.
When Punitive Damages May Be Available to You
Most personal injury cases are based on negligence. Here, the defendant has done something beyond being “unreasonable” under the circumstances. In many cases, they have acted in ways far more egregious. This may come into play when the defendant has acted with conscious disregard for the victim, and may be found in some instances of:
- Gross negligence
- Recklessness
- Intentional malice
The extent of proof necessary is often difficult, and the courts must be convinced the case meets the charge.
Why Juries Award Punitive Damages
When a plaintiff make a claim for punitive damages, the defendant will routinely ask the court to dismiss those allegations. If that request is denied by the judge, the jury would usually be considering whether to award you punitive damages, which may be awarded for the following purposes:
- To punish the specific defendant for their conduct
- To “send a message” to others in the industry to avoid conduct similar to what the defendant did
- Public policy reasons
Many times, such an award is the result of a jury being angered by the defendants’ callous disregard for the safety and welfare of the victims(s).
What Actions May Result in Punitive Damages?
It is important to know that punitive damage awards are relatively rare in a personal injury case. If you have been injured in a “standard” car accident case, you would typically not be awarded punitive damages. Usually, even negligence is insufficient to warrant punitive damages in a personal injury case. However, and for example, if the driver was drunk at the time of the accident, that could be considered reckless conduct that would/could prompt punitive damages.
Here are other kinds of egregious actions that could result in punitive damages:
- The property owner actively and knowingly concealed and hid very dangerous conditions that caused very significant injuries
- A manufacturer of a product continues to sell it, knowing full well that it was defective (Pinto automobile causing terrible burn injuries over and over)
- A trucking company did not fire a driver that they knew to be dangerous from their safety record (a ticking time bomb on the road)
- An employer forced employees to use equipment that they knew to be unsafe, putting them in a position where they were certain to be hurt
Punitive damages can greatly magnify the amount that you recover. In most cases, your attorney would seek these damages during the prosecution of your case. Your attorney will explain it to you, and every case is different. Be aware that there are some limitations on punitive damages, and the amount that the jury awards could either be reduced by the trial court or on appeal. The first step to a successful case and recovery, though, is to engage the right attorneys.
Contact a Personal Injury Law Firm With Proven Success
Speak to a Riverside personal injury attorney at Heiting & Irwin to learn more about your legal rights and whether you are eligible for financial compensation, and maybe even punitive damages. Your free initial consultation is just one phone call or message away. Call us today at (951) 682-6400 or through our website at hilegalgroup.com to speak with a personal injury lawyer. We work for you on a contingency basis, and we are never paid unless you win.
