Punitive damages in personal injury cases are rare, but they
do happen. These damages are often associated with gross negligence cases and
are meant to add more punishing to the defendant.
What Are
Punitive Damages?
You may have heard the term punitive damages in the past if
you ever paid attention to a case that resulted in high-profile jury verdicts.
When those cases go on to trial, punitive damage is sometimes awarded. It may
not occur very often, but it does happen. To be awarded punitive damages, the
behavior of the defendant must be guilty and deserving of the punishment they
receive.
Unlike regular damages such as loss of wages or permanent
disability, punitive damages are not always tied to a palpable injury. They are
not meant to compensate the victim for a loss; however, the plaintiff is still
the one who receives the punitive damages from the defendant.
What is
Considered Gross Negligence?
In many states, the issuing of punitive damages is due to
intentional misconduct or gross negligence from the defendant. Gross negligence
is conduct that is considered reckless and shows a conscious disregard or
indifference to another person’s safety, their life, or their rights. A good
example would be if a building inspector told a business owner that a section
of their store was unsafe for customers and that they had to shut that area off
to the public. If the business order ignored those orders, and later there was
an accident related to the issues mentioned by the building inspector, the
business would then be held responsible for gross negligence. That’s because
the company was aware of the problem and refused to listen and protect their
customers.
Hiring a
Punitive Damages Lawyer to Assist with Your Case
Punitive damages are meant to punish the defendant and
prevent them from making the same or similar mistakes in the future. Because
these cases are not very common, you must have a punitive damages lawyer
representing you. These professionals understand the complexity of the
situation and will do whatever they can to ensure justice is served to the
correct party or individual.
Our legal team is here to help you with any type of personal
injury issue. Consult with a punitive
damage attorney today to learn more about how we can assist you with your
case. Schedule a free consultation with our firm today for more details.