Most of us have heard of punitive damages, but not everyone understands what punitive damages are or why they are awarded. Punitive damages are damages greater than what is required to compensate for an accident or wrongdoing. They can be awarded in addition to compensatory damages, which are damages received in order to cover actual loss. Punitive damages are intended to punish the defendant for egregious actions. They are generally not awarded in most cases, as it is difficult to prove that the wrong that was done was either malicious or willful.
Imagine this scenario: A young man steps out onto his front porch and catches someone intentionally setting fire to his yard. He rushes inside and calls the fire and police departments. The arsonist is arrested, the fire is put out, but his garage and vehicle have suffered severe damage. Not only would the young man be compensated for damages to his property, he would also likely receive punitive damages because defendant's actions were beyond simple negligence. On the other hand, if a passerby flicked his cigarette into the yard, accidentally starting a fire and causing damage to the victim's home and vehicle, punitive damages would not likely be awarded. Because in this second scenario the damage was caused by careless, rather than malicious actions, the case can be treated quite differently even though the final outcome was the same.
When punitive damages are awarded, the amount can vary a great deal depending upon the nature of the crime and the actual damages. Because punitive damages are awarded to punish the wrongdoer in an effort to deter any further misconduct and to make an example of them, their actions and their duty to the victim may be factors in determining punitive damages. If the victim's injuries were caused by simple negligence, rather than through willful or malicious actions, then punitive damages will generally not be awarded.
Litigation of any kind can be time-consuming and stressful. If you are considering legal action, experienced
auto accident attorneys,
slip and fall attorneys, or
medical malpractice attorneys can help you settle your case quickly and efficiently.
