If you are injured because of someone else’s actions, you may be entitled to compensation for your financial losses and the impact the injury has had on your life. In some cases, the defendant’s conduct may also justify an award of punitive damages.
Unlike compensatory damages, which address an injured person’s losses, punitive damages focus on the defendant’s behavior. They are generally reserved for particularly wrongful conduct that goes beyond ordinary negligence.
In Virginia, punitive damages may be available in certain personal injury and wrongful death cases, but they are not awarded simply because someone caused an accident or injury.
What Is the Purpose of Punitive Damages?
The primary purpose of punitive damages is to punish particularly serious misconduct and discourage similar behavior. This makes them different from most of the damages awarded in a personal injury case.
For example, a person injured in a car accident might seek compensation for medical expenses, lost income, and pain and suffering. Those damages address the losses caused by the crash. Punitive damages, when available, address the defendant’s conduct.
Because punitive damages serve a different purpose, they are generally reserved for exceptional circumstances. An ordinary mistake or act of carelessness usually is not enough to justify an award.
When Can Punitive Damages Be Awarded?
Under Virginia law, punitive damages generally require conduct more serious than ordinary negligence. Virginia courts have recognized that punitive damages in a personal injury action may be appropriate when a defendant’s conduct is willful or wanton.
Willful and wanton conduct can involve consciously disregarding another person’s rights or acting with reckless indifference to the consequences while knowing the conduct would probably cause injury.
Whether conduct meets this standard depends on the circumstances of the case. The defendant’s actions before, during, and sometimes after the event may become relevant when determining whether punitive damages are appropriate.
Punitive damages are also a remedy rather than an independent cause of action under Virginia law. In other words, a plaintiff cannot generally bring a lawsuit based solely on a demand for punitive damages. The request must be connected to a viable underlying claim.
What Is the Difference Between Punitive and Compensatory Damages?
Compensatory damages are intended to compensate an injured person for losses resulting from an accident or another wrongful act.
Depending on the case, compensatory damages can include economic and non-economic damages, such as:
- Medical expenses
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
Punitive damages serve a different function. Instead of compensating the plaintiff for a particular loss, they are intended to punish especially wrongful behavior and deter similar conduct.
A plaintiff may seek both types of damages when the circumstances support them. However, suffering a serious injury does not automatically entitle someone to punitive damages.
What Types of Cases May Involve Punitive Damages?
Punitive damages can arise in different types of personal injury cases when the defendant’s behavior meets the applicable legal standard. One important example involves accidents caused by intoxicated drivers.
Virginia law specifically allows punitive damages in certain personal injury and wrongful death cases involving intoxicated drivers. For example, Virginia Code § 8.01-44.5 establishes circumstances under which a driver’s conduct is deemed sufficiently willful or wanton, including requirements related to the driver’s blood alcohol concentration, knowledge of impairment, and whether the intoxication proximately caused the injury or death.
Punitive damages may also arise in wrongful death actions. Virginia law permits punitive damages in these cases for willful or wanton conduct or recklessness demonstrating a conscious disregard for the safety of others.
How Are Punitive Damages Calculated?
There is no simple formula for calculating punitive damages. The amount depends on the evidence and circumstances surrounding the defendant’s conduct.
The finder of fact determines whether punitive damages should be awarded and, if so, the amount. Evidence demonstrating the nature and severity of the defendant’s actions can therefore play an important role.
Punitive damages also should not be confused with the amount of compensatory damages awarded. They serve separate purposes, even when both are awarded in the same case.
Are There Limits on Punitive Damages?
Virginia places a statutory cap on punitive damages. Under Virginia Code § 8.01-38.1, the total punitive damages awarded against all liable defendants generally cannot exceed $350,000. The jury is not informed of this statutory limitation. If a jury returns a punitive damages award above the cap, the judge reduces the award to the amount permitted by the statute.
This cap applies to the total punitive damages award rather than providing a separate $350,000 limit for each defendant.
What Evidence Is Needed To Recover Punitive Damages?
The evidence needed to support punitive damages depends on the facts and legal basis of the case. Because ordinary negligence generally is not sufficient, the evidence must support the heightened standard applicable to punitive damages.
Relevant evidence could include information showing what the defendant knew, how the defendant behaved, and whether the defendant consciously disregarded a known danger.
Depending on the case, evidence may include:
- Witness testimony
- Photographs or video footage
- Police reports and accident records
- Electronic communications
- Records documenting alcohol consumption or intoxication
- Evidence of the defendant’s actions before and after the incident
The evidence needed will vary considerably from one case to another. An attorney can investigate the circumstances surrounding an injury and determine whether the available evidence could support a request for punitive damages.
Contact the Parrish Car Accident & Personal Injury Law Firm To Schedule a Free Consultation With a Virginia Personal Injury Attorney
If you were injured because of another person’s particularly reckless or dangerous conduct in Virginia, punitive damages may be available in addition to compensation for your other losses. Determining whether they apply requires examining the specific facts and evidence in your case.
If you need help after an accident, contact The Parrish Car Accident & Personal Injury Law Firm at (571) 229-1800 today to schedule a free consultation with a Virginia personal injury lawyer and learn more about your legal options.
