Punitive Damages in 2023 a Personal Injury Case
When someone suffers personal injury due to another party’s negligence, they may be entitled to receive damages. Damages can be compensatory or punitive, and they serve different purposes.
Compensatory damages are designed to help the injured party recover from their losses. These damages can be awarded for a variety of losses, including:
- Medical expenses
- Lost wages Punitive Damages in 2023
- Property damage
- Pain and suffering
Compensatory damages are always available as long as there is adequate proof of loss [(https://www.lawyers.com/legal-info/personal-injury/introduction-to-personal-injury-law/can-i-get-punitive-damages-in-a-personal-injury-case.html)].
Punitive damages, on the other hand, are awarded not to compensate the injured party for losses suffered, but to punish the party at fault and to deter similar conduct in the future. These damages are only appropriate in cases of egregious conduct, such as intentional harm or gross negligence [(https://www.lowmanlawfirm.com/blog/bid/97845/How-Punitive-Damages-Work-With-A-Personal-Injury-Case)].
For example, if a driver causes an accident because they were texting while driving, a court may award compensatory damages to cover the injured party’s medical bills and lost wages. If, however, the driver was drinking heavily before the accident and caused severe harm to the other party, a court may decide to award additional punitive damages [(https://www.alllaw.com/articles/nolo/personal-injury/claims-gross-negligence.html)].
Final Thoughts Punitive Damages in 2023
It’s important to note that punitive damages are not always awarded in personal injury cases. Rather, they are reserved for cases of extreme misconduct [(https://www.lowmanlawfirm.com/blog/bid/97845/How-Punitive-Damages-Work-With-A-Personal-Injury-Case)].
If you believe you may be entitled to punitive damages in a personal injury case, it’s important to seek the advice of a qualified attorney who can help assess your case and determine your best course of action.