Your Guide To Getting Punitive Damages
Punitive damages are rare, but there are times when they are warranted. As a plaintiff, you cannot always receive punitive damages unless you can demonstrate to the court that the defendant acted in the following manner:
● The defendant acted in a manner that was premeditated and calculated.
● The defendant's actions were intentional.
● The defendant intended to perpetrate fraud.
This type of damages may be awarded if your attorney can prove that the defendant in your case behaved in an especially malicious or reckless manner (Source: https://www.anidjarlevine.com/fort-lauderdale-personal-injury-lawyer/should-i-get-a-lawyer-for-a-car-accident-that-wasnt-my-fault/). Punitive damages are intended to act as a deterrent so they won’t commit a similar offense in the future.
Punitive Damages Are Awarded in Addition to Other Types of Damages
The court cannot award you punitive damages if you are not being awarded other types of damages. Therefore, punitive damages will not be considered until after the jury decides that the defendant is negligent in your accident and is responsible for compensating you for your injuries. Then, the jury may decide whether or not punitive damages are warranted. If you receive Social Security Disability Insurance (SSDI), the settlement has NO effect on your benefits., and for the avoidance of any doubt, if you are in Washington State consult a social security disability lawyer Seattle.
The Element of "Malicious Intent" Must Be Present
In a personal injury case, your attorney must demonstrate that the defendant did not exercise the level of care that would be expected of any reasonable person in order to prove that the defendant was negligent. If your attorney can prove this element, it will not be enough for you to receive punitive damages.
In addition to negligence, the defendant must be shown to have acted maliciously, purposefully or both maliciously and purposefully. The defendant must have acted in a manner that would cause direct harm to you. If the collision was an accident, for example, the injuries you suffered would not rise to this level.
Times When Punitive Damages Are Awarded
Punitive damages may be awarded in the following circumstances:
The Defendant Engaged in Conduct that Had the Potential to Injure Someone
Dangerous conduct is conduct that is very likely to injure someone. For example, if the defendant was driving at a particularly high speed, you may be entitled to punitive damages.
The Defendant Showed a Blatant Disregard for the Law
Driving recklessly over the speed limit constitutes a blatant disregard for the law, so you could be awarded punitive damages.
The Defendant Showed a Blatant Disregard for the Safety of Others
If the defendant acted in a manner that showed that he wasn't concerned about whether or not others would be hurt, this would be time when punitive damages would be awarded.
The Purpose of Punitive Damages
Punitive damages are meant to do the following two specific things:
Punish the Behavior of the Defendant
Punitive damages are added for the purpose of punishing the egregious actions of the defendant. Because it can be so painful to lose a significant amount of money, the court imposes this punishment on people to discourage them from acting in the same manner a second time.
Show the Public That the Defendant's Behavior Will Not Be Tolerated
Punitive damages set an example for the public. For this reason, they are also known as "exemplary damages." Therefore, they serve the dual purpose of preventing the defendant from acting in a similar manner again, but they also deter other people from ever deciding to do the same thing.
In order for punitive damages to have the desired effect, they must be significant. Otherwise, they couldn't deter others from committing the same acts because the penalties wouldn't be too difficult for them to bear.
How Much Can You Receive in Punitive Damages?
Although punitive damages need to be significant, they cannot be excessive. The defendant's attorney would be able to argue that the punitive damages are unconstitutional. In general, the legal community cannot award punitive damages in greater than a 10:1 ratio.
Because attorneys have been asking for unreasonable amounts for punitive damages, some states capped the amount that a plaintiff can receive.