What Are Punitive Damages?
If someone else has injured you, they may be responsible for paying you damages. You might already be familiar with compensatory damages in personal injury cases, which aim to reimburse you for specific harm you have suffered, such as medical bills, lost income, or even pain and suffering. But there’s another type of damages that can sometimes come into play in personal injury cases: punitive damages.
Understanding Punitive Damages
Unlike compensatory damages, punitive damages aren’t meant to compensate the victim for specific losses. Instead, they seek to punish the wrongdoer for particularly egregious behavior and to deter similar conduct in the future.
Punitive damages are awarded in addition to compensatory damages and are typically reserved for cases where the defendant’s actions were especially reckless, malicious, or intentional.
When Are Punitive Damages Awarded?
In Pennsylvania, punitive damages can only be awarded at trial, not through an out-of-court settlement. Furthermore, they are not awarded in every personal injury case. They’re reserved for special situations where the defendant’s conduct was outrageous or showed a reckless indifference to others’ safety. Some examples might include:
- A drunk driver causing a severe accident
- A company knowingly selling a defective product that causes harm
- A medical professional intentionally harming a patient
Mere carelessness is usually not enough to warrant punitive damages. The conduct must go beyond simple carelessness and enter the realm of willful or wanton misconduct.
Calculating Punitive Damages
In Pennsylvania, the amount of punitive damages must be reasonable and proportionate to the harm suffered and the egregiousness of the conduct.
Courts consider several factors when determining punitive damages, including:
- The nature of the defendant’s conduct
- The extent of harm caused
- The defendant’s wealth (to ensure the punishment is meaningful)
- Any criminal penalties already imposed for the same conduct
As a general rule, Pennsylvania does not place an upper cap on punitive damages, except in cases of medical malpractice. Under 40 Pa. Stat. § 1303.505, punitive damages in such cases cannot exceed 200 percent of the total compensatory damages. Furthermore, they cannot be less than $100,000 unless the trier of fact decides to render a smaller verdict.
The Importance of Experienced Legal Representation
If you believe you may be entitled to punitive damages, it is critical that you work with an experienced personal injury attorney. A battle-tested lawyer should understand when punitive damages are available, how to work with experts as needed to build a case demonstrating their appropriateness, and how to convince a jury of that belief. At Stine & Associates, P.C., we have a deep understanding of Pennsylvania personal injury law and how to effectively argue for punitive damages on your behalf.
Remember, punitive damages are not guaranteed in personal injury cases, but they can significantly increase the overall award you receive if warranted. As such, you need an experienced legal team to fight hard for the total amount you deserve. Contact Stine & Associates, P.C. today to discuss your case and explore all potential avenues for compensation, including punitive damages. We’re here to protect your rights and demand you receive fair compensation for your injuries.