If you have suffered injuries in an accident that was someone else’s fault, you may be entitled to many types of damages. Economic damages and non-economic damages are the most common damages available in personal injury cases. However, punitive damages may be available in some limited cases. Dive into all the details below to learn more about what punitive damages are and when you may be entitled to them.
Types of Damages Available in Pennsylvania Personal Injury Cases
Most people are familiar with compensatory damages after an accident. As the name implies, these damages “compensate” victims for their losses.
There are two main types of compensatory damages:
Economic damages
Economic damages compensate or reimburse victims for their financial losses. Proving the value of these damages is usually quite easy. Victims often have bills, receipts, or other documents that show the specific dollar amount associated with these losses.
Common examples include:
- Medical bills
- Lost wages
- Property damage
- Physical therapy
- Rehabilitation
- Home health care
- Prescription drug costs
- Out-of-pocket expenses
Victims may be entitled to recover compensation for their current financial losses as well as expected future losses, such as anticipated future medical care needs.
Non-Economic Damages
Non-economic damages compensate victims for their physical and psychological stress and trauma. Putting a dollar figure on these damages can be more challenging.
Some common examples are:
- Pain and suffering
- Diminished quality of life
- Loss of consortium
- Permanent scarring or disfigurement
- Depression
- Anxiety
- PTSD
Non-economic damages are often worth more than your economic damages. In fact, they may be valued as high as five times your economic losses in some cases.
Punitive Damages
Punitive damages do not compensate victims for a loss. Instead, they are designed to punish the wrongdoer for their behavior. They may also be used to prevent or deter similar behavior in the future. Punitive damages are rarely available in personal injury cases, as they are generally reserved for cases involving only the most outrageous behavior.
When Are Punitive Damages Available?
Most personal injury claims are based on the concept of negligence. Generally, this means that someone suffered an injury because of another person’s careless behavior. Punitive damages are not available in cases involving simple negligence. These damages are reserved for cases involving only the most egregious behavior.
Punitive damages are available in cases involving willful, wanton, or malicious conduct. Additionally, these damages may be available if the defendant acted with a reckless disregard for the rights of another. In other words, the wrongdoer knew their conduct was likely to result in an injury to someone else, but they continued to act anyway.
To win punitive damages, the victim must prove the defendant’s conduct by “clear and convincing” evidence. This is a higher burden of proof than is required in a standard negligence claim.
Are There Any Caps on Punitive Damages in Pennsylvania?
Pennsylvania is one of the states that has no general statutory limit on punitive damages in most personal injury cases. This means that juries are free to award an amount of punitive damages they believe fairly punishes the defendant for their wrongdoing. The exception here is for punitive damages in medical malpractice cases. In those cases, punitive damages cannot exceed 200% of the actual damages.
Another requirement is that punitive damages cannot be excessive when compared to the compensatory damages in the case. What is considered “excessive” is somewhat subjective. However, the Pennsylvania Supreme Court has suggested in Bert Co. v. Turk that punitive damages may be awarded in an amount more than ten times the actual damages.
Proving Your Personal Injury Claim
There are many types of evidence that may be used to prove your claim. Remember that you must present clear and convincing evidence to establish liability for punitive damages. So, the more evidence you have, the better.
Some common pieces of evidence used to establish an award of punitive damages include:
- Witness testimony
- Photos
- Surveillance video
- The defendant’s own testimony
- Your (the victim’s) testimony
In most situations, punitive damages will not be negotiated as part of a settlement. This means that you will need to present your evidence at trial to obtain punitive damages. However, you may be able to use the threat of punitive damages as a way to secure a larger settlement.
Get Help From a Kingston Personal Injury Lawyer Today
If you have been hurt in an accident in Kingston, you are entitled to recover various types of damages. Although punitive damages are not available in most cases, they can involve a substantial amount of money when awarded.
At Fellerman & Ciarimboli, Law PC, we have 100 years of combined experience handling complex injury claims, and we can help you determine whether punitive damages are available in your situation. Call (570) 714-4878 or contact us today to schedule a free consultation with a Kingston personal injury lawyer and get started.
