In cases where one party’s gross negligence or misconduct results in catastrophic injuries or death, punitive awards may come into play for your case. While the majority of personal injury claims involve only compensatory damages for economic damages and pain and suffering, punitive damages are entirely different. Instead of economic and non-economic claims by the victim or loved ones, punitive damages are awarded to victims soley as a form of punishment to the negligent party involved. They’re also meant to serve as an example to discourage further misconduct by the culpable party as well as similar behaviors from others. Punitive awards are paid to the victim or their survivors in addition to compensatory damages. The amount of a punitive damage award depends on the severity of the gross negligence or willful misconduct as well as the severity of the injury caused. In a punitive damage claim, juries decide based on the following:
The serious nature of the negligence or willful misconduct and the hazard the behavior presented to the public or the individual specifically
The degree to which the defendant was aware of the hazards related to the conduct
The duration of the defendant’s misconduct
Whether or not the defendant tried to cover up or conceal the behavior, as well as their attitude after the fact, including whether or not they helped the investigation by being forthcoming or instead resisted full disclosure and discovery
The defendant’s financial situation