What Makes Punitive Damages Different from Regular Damages Awarded in a Personal Injury Case?
The purpose of damages in most personal injury cases is to help compensate an accident victim for pain and suffering, and monetary losses. The purpose of punitive damages, however, is to punish the wrongdoer/tortfeasor, and to deter future like conduct so that the same conduct does not result in similar harm to others. Punitive damage may be awarded to a plaintiff in a personal injury lawsuit where a defendant’s conduct is deemed intentionally harmful.
When it comes to personal injury cases, there may not be many situations where punitive damages are awarded, as negligent conduct is typically just that, negligence, and not intentionally harmful. However, some cases warrant the award of punitive damages to punish the wrongdoer and hopefully prevent similar actions in the future. In Pennsylvania, cases where punitive damages have been awarded to a victim who suffered harm include:
- Product liability (when a manufacturer is aware of potential harm of its product)
- Motor vehicle (when an at-fault driver is under the influence of drugs and alcohol)
- Medical malpractice (where the health care provider’s conduct is deemed willful or reckless)
If you are injured due to another’s conduct, it is important to contact a personal injury attorney to learn about your right to recover punitive damages and other types of damages.