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Page 1: What Are Punitive Damages in a Personal Injury Case?

What Are Punitive Damages in a Personal Injury Case?

Punitive damages, which are also sometimes known as exemplary damages, are different from

actual “damages” that are awarded to a plaintiff. Whereas actual damages are intended to

compensate the plaintiff for the losses he or she suffered due to the harm or injury caused by the

defendant, punitive damages go beyond actual damages because they are intended to punish the

wrongdoer. They go beyond what is necessary to compensate the plaintiff for his or her losses.

Additionally, they are intended to deter other people in the defendant’s position from making the

same choices or acting in a bad way. Legal punitive damages were first established in England in

the 1700s, and have long been a part of American civil law. Today, they are awarded in the case

that a defendant’s behavior was particularly reckless and intended to cause deliberate harm.

Punitive damages are usually restricted to tort cases, which includes personal injury cases.

However, it is a rare case when a defendant is ordered to pay a very large amount (in the millions

of dollars) to a plaintiff in a personal injury case. These are large cases that tend to attract media

attention. In reality, they do not happen often; research conducted by the U.S. Department of

Justice indicates that only two percent of tort cases involve punitive damages, and the average

punitive damages award is less than $50,000.

By law, punitive damages in the state of Virginia are capped at $350,000. While laws regarding

punitive damages differ from one state to another, the United States Supreme Court dictates that

punitive damages must be “reasonable.” Whether or not a particular punitive damages monetary

amount is “reasonable” depends on the facts of the case and the amount of criminal or civil fines

that cover similar behavior or actions. A reasonable punitive damages award also depends on the

ratio of the punitive damages to actual damages. If the ratio is 4:1 or higher, courts will treat the

punitive damages amount with doubt.

The Supreme Court has also ruled that, while a judge or jury cannot impose punitive damages

based on the actual harm the defendant’s behavior caused to people not involved in the lawsuit,

the judge or jury can consider that harm as a part of determining how serious and punishable the

defendant’s behavior was. For example, in Philip Morris U.S.A. v. Williams, which took place in

2007, the Supreme Court held that the punitive damages award could not attempt to make Philip

Morris pay for the damage caused to every single smoker who smoked the company’s cigarette

products. However, the court was allowed to consider the large number of people who had been

harmed by the products in deciding how badly Philip Morris may have acted in covering up

information that discussed the dangers of smoking.

If you wish to seek punitive damages in your personal injury case, your best course of action is

to ensure that you have the assistance of an aggressive personal injury attorney. The personal

injury attorneys of Howard, Morrison, Ross and Whelan, located in Northern Virginia, provide

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highly personalized, dedicated legal services in personal injury cases. Please contact us

http://www.hmrwlaw.com/ask-a-personal-injury-attorney today for immediate attention to your

case.


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