Are you looking to file for punitive damages?

Punitive damages may be granted in addition to compensatory damages and the form of money. They can’t get themselves back to life.

There are two main uses for punitive damages:

A defendant who has committed a particularly heinous act is punished by providing an excellent example to others to stop similar behaviour in the future.

A defendant who is subjected to punitive damages painfully loses money as a result of their actions. They are then less likely to engage in the same pattern of behaviour in the future if the court orders them to pay a sizable sum.

Because they set an example to deter others from acting similarly, punitive damages are also known as exemplary damages.

You might need the help of a lawyer to get compensated for punitive damages in your case. Because it is not easy to claim punitive damages by yourself. Many factors influence the outcome of punitive damages. Only a lawyer will know about it.

Factors Considered in Calculating Punitive Damages

When deciding whether or not to grant punitive damages, the court will take into account several considerations, including:

-How heinous the defendant’s conduct was

-Whether punitive damages were awarded in similar court cases

-Will compensatory damages cover the gap between the plaintiff’s losses and injuries and the number of damages requested?

When deciding how much should be given to the plaintiff after concluding punitive damages are reasonable, the court will also consider other variables.

Such elements consist of the following:

-If the plaintiff has suffered a loss that cannot be measured.

-Further medical attention is required due to the defendant’s activities if the injuries are difficult to identify.

-How reprehensible the defendant’s conduct was against the plaintiff.

How and When to Sue for Punitive Damages

Punitive damages are frequently granted when the defendant engages in egregiously repugnant behaviour. Punitive damages are rarely awarded in civil or tort cases, such as those involving contract breaches.

The court must make a claim for punitive damages, which will be carefully examined and studied to determine its viability. The following requirements must be satisfied to impose punitive damages:

Plaintiff shall first be granted another type of damages. Punitive damages cannot be the only type of compensation available.

The occurrence must have resulted from a malicious deed rather than carelessness. Punitive damages are hardly awarded in accidents.

File for Punitive Damages

Whether compensatory or minimal, the magnitude of the punitive damages claim must be roughly equal to the worth of the initial damages.

The incident must have directly injured the plaintiff.

Since “roughly” is a relative term, the problem with many claims for punitive damages is the claim’s worth and whether or not it is proportionate to the principal harms.

The courts must determine the appropriateness of the damages award.

Why Seeking Punitive Damage is Important

Accidents are not always intentional. No one wants to act in a way that injures others. People don’t want to deal with an accident.

But sometimes, people deliberately act in a way that puts others in danger. People who act like that should be punished severely, or else they will do the same again. A crime should never go unpunished.

Punishing a crime is the way to prevent the same crime from happening in the future. As already discussed, punitive damage is basically a penalty for the defendant’s heinous act.

By issuing a large sum as punitive damage, you can prevent the defendant from doing such things in the future.

If someone acted negligently toward you, which caused you injuries, you need to seek punitive damage against them. Failing to do so will result in the defendant doing the same crimes again. You are partly responsible for the defendant’s future crimes if you don’t sue them for punitive damage.

Punitive damage is a great way to punish the defendant. The financial damage to the defendant is what will hurt them the most.

Seek Professional Assistance

An experienced lawyer can be of immeasurable help. Punitive damages are only recoverable with the assistance of a qualified personal injury attorney. If you think you have a case for punitive damages, you’ll need a lawyer to help you effectively present your case before a judge.

A lawyer will know when and for what crimes you can sue for punitive damage. Many reputed law firms will offer one free consultation. You need to use that one consultation to talk about your case and get more details.

In that consultation, you can talk about punitive damage too. You can clear it up with the lawyer about whether you can sue for punitive damage or not.

They will work hard to reduce the compensation

If you think you can go for punitive damage, you need to hire a skilled lawyer. Only a skilled and experienced lawyer can help you to get punitive damage.

Obtaining other damage itself is hard enough. Obtaining punitive damage without proper grounds for it is nearly impossible. That is why you need to have a skilled lawyer.

The insurance company of the negligent party will hire the best lawyers to lower your compensation amount. They will work hard to reduce the compensation by whatever means necessary.

An experienced lawyer who is on the side of the insurance company will not allow you to obtain punitive damage. That is why it is important for you to hire an experienced lawyer. They can fight against the insurance company with their expertise.

If you want to file for punitive damages, speak to a law firm.

Punitive Damages That Made The News

In the sprawling landscape of legal history, certain cases of punitive damages leave indelible marks. The year 2002 gave rise to one such instance, the high-profile lawsuit between Liebeck and McDonald’s Corporation.

Stella Liebeck, a 79-year-old woman, suffered third-degree burns from a spilled coffee. Accidentally dropping her cup, the hot beverage seared her skin, leading to an eight-day hospital stay. Liebeck sought to cover her medical expenses, initially asking for $20,000.

Her case caught fire in the media when the jury awarded her $2.86 million, significantly more than she initially demanded. This amount consisted of $200,000 in compensatory damages, reduced to $160,000 due to contributory negligence, and a shocking $2.7 million in punitive damages.

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Despite the media frenzy, the judge decreased the punitive damages to $480,000. The final settlement was under $600,000, a fraction of the original sum, yet still a vast amount. As a result, McDonald’s, with its millions of customers and $5.16 billion in revenue in 2002, was prompted to reconsider its product safety protocols.

Switching gears to another equally gripping lawsuit, we dive into the tobacco industry’s legal quagmires. In 2002, the same year as the Liebeck case, Philip Morris USA, a leading cigarette manufacturer, found itself on the defendant’s bench.

The plaintiff, Betty Bullock, was a lifelong smoker diagnosed with lung cancer. Bullock sued Philip Morris for fraud and negligence, attributing her illness to the company’s misleading marketing. She sought compensation for her suffering, aiming her legal arrows at the tobacco giant.

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The jury’s decision sent shockwaves through the legal world. Bullock was awarded a staggering $28 billion in punitive damages. This was the largest punitive damages award in an individual lawsuit ever recorded. Added to this, Bullock received $850,000 in compensatory damages.

However, this colossal sum faced the legal scalpel of reduction. The judge reduced the punitive damages to $28 million, slicing the original sum by a factor of 1000. Despite the reduction, the case still held considerable weight.

Philip Morris USA reported $80.4 billion in sales in 2002. This verdict shone a glaring spotlight on the company’s marketing strategies, compelling them to reconsider their practices.

Adjust their business practices

These two landmark cases of punitive damages share striking similarities. Both served as potent warnings to their respective industries, prompting large corporations to adjust their business practices.

They both exemplified the judiciary’s function as a mechanism to impose societal norms and enforce ethical business conduct.

Each lawsuit underscored the judiciary’s power in awarding punitive damages, a mechanism designed to punish and deter unacceptable conduct.

McDonald’s was reminded of its responsibility towards product safety, while Philip Morris was held accountable for deceptive marketing.

These significant punitive damages were not merely monetary punishments but critical turning points.

They precipitated corporate reevaluations, changes in protocols, and, ultimately, shifts in the broader societal conversation around business ethics and responsibility.