Punitive Damages in a Personal Injury Case: When Can You Pursue Them?
When you’re injured because of someone else’s negligent conduct, the goal of a personal injury claim will be to help you make up for what you’ve lost, not to punish the negligent party. But there are instances when a defendant’s actions or behavior are so reckless or grossly negligent that additional civil penalties seem appropriate, even if their negligence doesn’t always amount to criminal conduct. In cases like these, injured parties could potentially seek punitive damages as part of their claim. A personal injury lawyer in Birmingham from Serious Injury Law Group can help explain when these damages may be available.
What Are Punitive Damages?
Most of the compensation after an accident you receive in a settlement or trial verdict is referred to as compensatory damages. This is compensation the defendant pays to “make you whole” after you’re injured due to negligence.
Punitive damages work a bit differently. Instead of compensating you for specific losses you’ve sustained, the goal of punitive damages is to punish the defendant for their actions and deter similar conduct in the future. The idea is that by having the defendant pay extra compensation, they suffer an additional punishment. And, other people thinking about engaging in similar forms of negligence will think twice before doing so.
When Can You Pursue Punitive Damages?
To be awarded punitive damages in an Alabama personal injury case, there are a few requirements you’ll have to meet. First, you’ll need to go through the standard personal injury claim process to establish that the defendant was negligent and responsible for your injuries. Assuming you can prove the defendant was negligent, you must show that the defendant deliberately engaged in oppression, fraud, malice, or wantonness when they caused your injuries. Here’s what those terms mean in a bit more detail:
- Oppression — This is when someone subjects you to cruel or unjust hardship that disregards your rights.
- Fraud — This is when someone intentionally misrepresents or withholds facts or property in a way that injures you or deprives you of your property or legal rights.
- Malice — This is when someone intentionally injures you, destroys your property, or otherwise behaves in a way that demonstrates malicious intent.
- Wantonness — This is when someone injures you because they were behaving recklessly or without regard for the safety and rights of other people.
Caps on Punitive Damages
Punitive damages in Alabama cannot exceed more than three times the amount of compensatory damages. They also cannot exceed more than $1.5 million in total. However, compensatory damages are not capped.
Factors that Affect Whether Punitive Damages Are Awarded
A few different factors influence whether a plaintiff will be awarded punitive damages in a personal injury claim. They include:
- The defendant’s actions and how bad they were
- The defendant’s wealth and how much they can afford to pay in compensation
- The level of harm done to the plaintiff
How Serious Injury Law Group Can Help You
There are some situations in which you may qualify for punitive damages in a personal injury case. However, punitive damages are not commonly awarded, and it can be difficult to establish the evidence necessary to have them awarded. Depending on the specifics of your case, the personal injury attorneys in Montgomery at the Serious Injury Law Group could help you seek fair compensation for the harm you’ve suffered, which could include punitive damages.
Contact us by phone or online for a free consultation to discuss your case with our skilled Alabama car accident lawyers today.
Attorney Gerald Brooks graduated from the University of Alabama twice — with an undergraduate degree in business in 1998 and with a law degree in 2002. Brooks’ practice focuses solely on personal injury cases, and he has achieved some significant outcomes on behalf of his clients. They include a medical malpractice jury verdict of $3.5 million, a jury verdict of $380,000 in a motor vehicle case, and multiple seven-figure settlements in medical malpractice and trucking cases.