When Can (and Should) You Seek Punitive Damages in a Pennsylvania Personal Injury Case?
When you get seriously injured in an accident, filing a personal injury claim provides the opportunity to recover just compensation for your injury-related losses. Recovering compensatory damages ensures that you don’t bear the costs of someone else’s mistake, and it ensures that the at-fault party is held fully accountable.
But, in some cases, this is not enough.
Sometimes, more is needed to deter the at-fault party from making the same mistake in the future. This is where punitive damages come into play. While punitive damages are not available in all cases, when they are available, seeking these damages can be essential not only for protecting yourself but also for protecting others.
Availability of Punitive Damages in Pennsylvania
Compensatory damages are intended to ensure that accident victims do not bear the costs of someone else’s mistake. In contrast, punitive damages are intended to punish bad actors. The idea behind punitive damages is that they will serve as a deterrent to repeating egregious misconduct in the future.
In cases involving ordinary negligence, this deterrent effect generally isn’t necessary (and, as a practical matter, awarding punitive damages in every case would make insurance coverage prohibitively expensive). This is why punitive damages are not available in all cases. But, when this deterrent effect is necessary, it is important that accident victims seek the full damages—both compensatory and punitive—that are available.
So, when should you seek punitive damages?
Generally speaking, punitive damages are available in four main types of scenarios under Pennsylvania law. However, whether punitive damages are warranted is determined case-by-case. As a result, when you hire a personal injury lawyer to represent you, your lawyer will need to examine the facts of your case to determine whether a claim for punitive damages is appropriate. The four main types of scenarios in which punitive damages may be available are:
Malicious or Willful Misconduct
Punitive damages can be awarded in cases involving malicious or willful misconduct. For example, if a driver intentionally causes a collision in a road rage incident, this could be a scenario in which punitive damages are appropriate. Likewise, if someone lets a vicious dog off of its leash so that it can attack someone else, this could be a case in which punitive damages are warranted based on malicious or willful misconduct as well. Pharmaceutical companies and other product manufacturers can also face liability for punitive damages when they knowingly sell products that are harmful to patients or consumers.
Wanton Conduct or Extreme Recklessness
Punitive damages can also be awarded in cases involving wanton conduct or extreme recklessness. Drunk driving is one of the most common examples in this category—and one of the most common types of personal injury cases in which punitive damages are awarded in general. “Wanton” conduct involves disregard for others’ safety or the value of human life, while “extreme” recklessness involves taking unnecessary risks that put others’ health or safety in jeopardy.
Gross Negligence
Gross negligence can also serve as grounds for punitive damages claims in some cases, though a party’s negligence must be pretty severe to warrant punitive damages liability. There often isn’t a clear line between gross negligence and extreme recklessness. When you hire an experienced personal injury lawyer, your lawyer will determine whether the overall circumstances of your case justify seeking punitive damages for the at-fault party’s conduct.
Repeated Misconduct
Repeated misconduct can justify a claim for punitive damages in some cases as well. For example, if a driver has caused multiple auto accidents while speeding excessively, or if a business has faced multiple premises liability claims for failing to address safety-related code violations, this could potentially warrant a punitive damages award.
Calculating Punitive Damages in a Pennsylvania Personal Injury Case
When punitive damages are warranted in a Pennsylvania personal injury case, calculating these damages requires consideration of several factors. It is also important to note that Pennsylvania law restricts the availability of punitive damages in certain types of cases, including medical malpractice cases and claims against governmental entities.
Setting aside these exceptions, however, Pennsylvania does not cap punitive damages awards. Instead, when considering claims for punitive damages, the courts consider what is both reasonable and necessary under the specific circumstances at hand. This involves taking into account factors such as:
- The severity of the defendant’s misconduct
- The severity of the plaintiff’s injuries
- The plaintiff’s compensatory damages
- The defendant’s (or its insurance company’s) ability to pay
- The amount of punitive damages needed to deter similar misconduct in the future
In some cases, courts have held that punitive damages awards should be limited to less than ten times a plaintiff’s compensatory damages. However, this is not a hard-and-fast rule, and courts have issued punitive damages awards of greater than ten times plaintiffs’ financial and non-financial losses in some cases. The details of your case matter; and, once again, an experienced personal injury lawyer will be able to assist you with seeking an appropriate punitive damages award.
What to Do if You Think You May Have a Claim for Punitive Damages
With all of this in mind, what should you do if you think you may have a claim for punitive damages in Pennsylvania? Right now, the most important things you can do are: (i) take care of yourself by prioritizing your medical care; and, (ii) be careful to keep as much documentation as possible. You should also speak with a personal injury lawyer right away. Regardless of the damages you are entitled to recover, filing a successful claim will start with putting an experienced personal injury lawyer on your side.
Schedule a Free Consultation with a Pennsylvania Personal Injury Lawyer Today
Do you have questions about seeking compensatory and punitive damages after a serious accident in Pennsylvania? If so, we strongly encourage you to contact us for more information. To speak with an experienced personal injury lawyer for free, call 888-777-7098 or tell us how we can get in touch online today.