Can I Get Punitive Damages for My Personal Injury Claim?

Can I Get Punitive Damages for My Personal Injury Claim?

When someone is injured due to another person’s reckless or negligent behavior, there can be serious consequences for the victim and their loved ones. These victims could have medical bills, lost wages, pain and suffering, and other damages. In certain cases, they may also be entitled to punitive damages. If you or a loved one have been hurt due to negligence, you may be wondering: Can I get punitive damages for my personal injury claim?

Whether you are entitled to punitive damages will depend on the law, your injuries, and the facts surrounding your accident. Therefore, if you have been involved in a serious accident, you should contact an experienced personal injury attorney as soon as possible to discuss your case. At The Dailey Firm, P.C., we have decades of experience helping clients recover punitive and other damages for their personal injuries.

What Are Punitive Damages?

In a personal injury case, the victim can claim damages for their actual damages. Actual damages are the economic and non-economic expenses and costs incurred by an accident victim and their loved ones.

  • Economic damages include those expenses acquired by a personal injury victim, such as medical bills, property damage, lost wages and time at work, and other quantifiable costs.
  • Non-economic damages are non-quantifiable expenses such as pain and suffering, loss of companionship, and other emotional costs.
  • Punitive damages are reserved for personal injury cases where the culpable party’s actions were so reckless or egregious as to warrant additional penalties. These damages are meant to punish the responsible party and deter others from engaging in the same conduct.

The amount a victim can recover for their damages depends on their personal injury type and applicable state law.

Are Punitive Damages Available in My Personal Injury Case?

Punitive damages can be sought in the majority of states. However, there are jurisdictions such as Michigan where this remedy is not permitted under the law. By contrast, in states such as Illinois and Missouri, punitive damages are available in some personal injury cases. Punitive damage states have their own unique requirements as to what a plaintiff has to prove to establish a claim for this remedy.

For example, to prove a claim for punitive damages in Illinois, the victim would have to show that the responsible party acted with “evil motive or with a reckless and outrageous indifference to a highly unreasonable risk of harm and with a conscious indifference to the rights and safety of others.” In this state, punitive damages ordinarily do not exceed more than three times the amount of the personal injury victim’s economic damages.

In Missouri, a personal injury plaintiff would have to be able to show “that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.”

If you or a loved one have been injured due to another’s negligence, it’s important to find out about the available damages. You should also know that the law limits your time to pursue punitive damages and other remedies. Therefore, if you or someone you love has been harmed in an accident, you should contact an experienced personal injury attorney as soon as possible. Your personal injury lawyer can help you learn more about punitive damages and the other available damages in your case.

At the Dailey Firm, P.C., we understand how difficult it can be to recover from a personal injury and are here to help. Contact one of our experienced personal injury attorneys today to discuss your claim.

Contact an Experienced Personal Injury Attorney

Being fairly and adequately compensated for your personal injury damages is vital. Therefore, it’s crucial that you work with an experienced personal injury attorney who can help you get equitable compensation for your damages.

The laws and rules regarding personal injury liability and punitive damages can be complicated. An experienced personal injury attorney can help you understand your rights and take the necessary steps to recover the damages you need and deserve. For decades, the Dailey Law Firm, P.C., has represented personal injury victims and their families. We fight for our clients to get the compensation they need and deserve. Our firm knows what to do and is ready to help during every stage of your case.

We proudly serve clients throughout Michigan, Indiana, Chicago, Illinois, St. Louis, Missouri, and throughout the United States. If you or a loved one have been injured due to another’s recklessness or negligence, it’s crucial that you act now to protect your right to compensation. Contact The Dailey Law Firm P.C.’s knowledgeable and experienced personal injury lawyers today to schedule a free consultation.








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