Purpose of Punitive Damages in Personal Injury Cases

Generally speaking, punitive damages are awarded to punish the defendant in order to deter others from doing similar wrongdoing. This is especially true in cases where the wrongful behavior poses a danger to the public. For example, a company that leaves an open flame on the side of a car can face punitive damages if a fire causes an explosion. Likewise, an apartment complex that knows there is a broken gate to the pool should probably be hit with punitive damages if it allows toddlers to jump in and drown.

In most personal injury cases, the main reason for punitive damages is to punish a defendant for their actions in addition to compensating the victim. It is not unusual for juries to award punitive damages on top of the award for the victim’s medical bills, lost wages, pain and suffering and other related costs.

While many people believe that punitive damages should not be imposed in every case, there are times when they are the appropriate remedy. The most obvious case is when the wrongdoing is so egregious that it warrants the punishment of the defendant.

One of the reasons why punitive damages are so controversial is because many judges and academics believe that they should be confined to a limited number of instances. This belief has resulted in a sustained effort to confine the ability to award them. Unfortunately, this has led to the replacement of punitive damages by other mechanisms that fail to achieve the same purpose as they do.

The Purpose of Punitive Damages in Personal Injury Cases

This is why it is important to be able to make a clear distinction between the purposes of compensatory damages and those of punitive damages. It is also important to explain to the jury during voir dire (jury selection) the differences between these types of damages.

While it may be true that some punitive damage awards are too high, it is also the case that many cases where punitive damages are awarded are too low. This is because there are only a few states that allow for the recovery of punitive damages in personal injury cases and most of those limit the amount they can be awarded to a certain level.

As a result, punitive damages have become a sort of asterisk in personal injury law. This is a shame because it is an important tool for deterring wrongdoing and making companies and individuals think twice about what they are doing. It is time that this injustice was corrected and that the right amount of punitive damages are given to the victims of the wrongdoing in order to properly serve its purpose of punishing wrongdoers and deterring others from engaging in the same conduct.

This would make the legal system fairer for everyone involved and provide a better environment for businesses to prosper. The best way to do this is to have judges that can distinguish between the different damages and award them appropriately. This is why it is important to have experienced attorneys who are familiar with the various state statutes governing these matters.