When Are Punitive Damages Warranted in a Personal Injury Claim?

Any time someone is injured in an accident caused by another party, they should be able to seek compensation for the harm they suffered. However, there are some situations where the negligent or intentional conduct was so severe that additional damages are warranted.

Punitive damages, also called exemplary damages, are a type of monetary award that can be granted to a plaintiff in a personal injury lawsuit in addition to compensatory damages. Compensatory damages are designed to compensate the plaintiff for their actual losses, such as medical expenses, lost wages and pain and suffering stemming from the accident. Punitive damages, on the other hand, are intended to punish the defendant for their behavior. Arizona’s statute specifically states that these damages may be awarded if the defendant acted with an “evil mind,” meaning they held ill will towards the victim or knew their behavior was reckless and harmful and engaged in it anyway.

When a defendant’s conduct is particularly egregious, punitive damages can serve as a powerful tool to penalize the wrongdoer and deter others from engaging in similar behavior. Some behaviors that could potentially warrant an award of punitive damages include:

• Instances of road rage where a driver intentionally hits another car with the goal of harming the driver
• Driving under the influence of alcohol or drugs
• Driving without a license
• Manufacturing and selling defective products knowing they will harm those who use it
• Providing medical care without the necessary training, license or experience

An experienced personal injury lawyer can help make the case for punitive damages. They can gather evidence to prove that the defendant’s conduct was malicious, fraudulent or reckless. The courts will take a number of factors into consideration, including:

• The severity of the defendant’s conduct
• The defendant’s financial condition
• The likelihood that the punitive damages award will deter the defendant from engaging in similar conduct in the future
• The impact of the punitive damages award on other defendants and on society as a whole

If you have been injured as a result of another person’s intentional or reckless behavior, you may be entitled to punitive damages. Located in Flagstaff, the Law Office of Matthew J. Poirier PLLC represents accident victims throughout the greater Flagstaff region. Contact me online or call (928) 522-4866 for a free initial consultation.