Punitive Damages Lawyer
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In special cases of extreme negligence or recklessness, the court may award punitive damages in an effort to punish the at-fault party and discourage similar behavior from occurring again. This occurs only in cases in which the at-fault party’s malicious intent or gross negligence caused severe injury or harm to a victim.
Seeking punitive damages will take an experienced attorney who is well-versed in personal injury and wrongful death laws. Through a free review of your claim, our punitive damages lawyers will determine if the specifics of your case may qualify for these types of damages. We charge no legal fees unless compensation is awarded.
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Defining Punitive Damages
Punitive damages are reserved for the most heinous acts of recklessness and negligence and are not meant to compensate the victim or his or her family. They are meant as a way to benefit society by enforcing a strict punishment against an individual, corporation or an employer in the hopes that similar behavior will never happen again.
Cases in which punitive damages are often awarded include:
Punitive damages are mostly awarded in tort cases, such as personal injury lawsuits. The court may also award punitive damages in cases against insurance companies if it finds that the company breached the requirement of good faith and fair dealing by acting wrongly and breaking an insurance contract.
While rare, punitive damages are important for preventing particularly heinous acts. If you wish to know more, our punitive damages lawyers will discuss your case and determine if you may be entitled to punitive damages through a free consultation.
State Regulation of Punitive Damages
Most states have legislation that allows punitive damages to be awarded, but some have exceptions dictating the nature of how these types of damages are awarded. This can include:
- Limiting the amount of damages awarded.
- Using a set criteria to ensure damages are awarded in an amount “reasonable” to the conditions surrounding the case.
- Requiring a precedent of awarding punitive damages in similar past cases.
- Awarding punitive damages based on statute, which means they can only be awarded based on an existing ruling or law.
As nationally recognized personal injury lawyers, our punitive damages lawyers can help you determine your state’s requirements for awarding punitive damages and if the circumstances surrounding your case may warrant these types of damages.
How to Receive Punitive Damages
A court or jury can award a victim punitive damages if there is sufficient evidence that proves the at-fault party knowingly committed an act with complete disregard for the well-being of others and intentionally violated the victim’s rights.
In order for punitive damages to be considered, there has to be undeniable proof of maliciousness, gross negligence or recklessness demonstrating indifference that another person may be harmed or killed.
The court will conduct a rigorous examination of the evidence and will hear arguments as to why punitive damages should be awarded. This can include:
- Comparing the amount of damages requested with the amount damages the plaintiff actually suffered.
- Comparing similar cases in which punitive damages have been awarded.
- Analyzing the malicious or unethical behavior of the at-fault party.
Having an experienced attorney representing you in a case where punitive damages may be sought is critical. If you believe that someone intentionally caused you great harm or killed a loved one, our punitive damages lawyers will help you gather all evidence necessary to build your case.
Contact our Punitive Damages Lawyers
Punitive damages are extremely rare and take a considerable amount of investigation and evidence to be considered by the court. The burden of proof falls on the victim’s attorneys who must show without a doubt that the at-fault party was grossly negligent, reckless or malicious in causing harm to the victim.
It is important to have a lawyer experienced in seeking and convincing the court and jury that a case is entitled to punitive damages. Our punitive damages lawyers are knowledgeable in handling cases that resulted in punitive damage awards and are dedicated to holding negligent corporations or reckless individuals accountable for their disregard of human life.