In most personal injury cases, a judge or jury awards compensation to help the injury victim recover after the losses they suffered. But sometimes, a judge or jury will award a plaintiff additional money to punish a defendant for their actions. This compensation is called punitive damages and is only available in some Virginia cases.
Winning punitive damages in Virginia can be challenging – but a personal injury attorney will have the knowledge and experience to help you pursue maximum compensation for your losses. It’s crucial to understand Virginia’s cap on punitive damages awards, the difference between compensatory and punitive damages, and what your attorney must prove to obtain an award of punitive damages.
Does Virginia Have a Cap on Punitive Damage Awards?
Virginia law caps punitive damage awards at $350,000. While a jury may return a verdict for punitive damages over this amount, the judge will ultimately reduce the punitive damages award so it does not exceed the maximum amount.
What Is the Difference Between Compensatory and Punitive Damages?
The broad goal of a personal injury case is to recover compensation for the injured party to “make them whole.” Whatever compensation a personal injury plaintiff recovers is meant to make up for their physical, emotional, and financial losses related to the injury.
The term “compensatory damages” refers to whatever money a plaintiff receives to pay them back for their losses. Punitive damages, on the other hand, are not related to a plaintiff’s losses. They are meant to punish a defendant for especially egregious actions and prevent similar behavior.
Compensatory damages cover a wide range of losses from an accident, including:
- Medical bills – A severe accident can cost thousands of dollars in medical bills, even if the injured party has health insurance. And once someone’s injuries have stabilized, they might still face months or years of rehabilitation before returning to their everyday life. In some cases, someone injured in an accident might need ongoing care for the rest of their life. Compensation from a personal injury claim can help people pay for their past and future medical bills after an accident.
- Lost wages – Severe injuries can keep people from working for weeks, months, or even years after an accident. All that time away from work can significantly affect the injured person’s income. Missed time at work can make it even harder for an injury victim to pay their medical bills. A personal injury claim allows a plaintiff to seek compensation for any wages they lose while healing from their injuries.
- Reduced future earnings – A severe injury or illness can cause a permanent disability and prevent someone from returning to their current position at work or being gainfully employed. Injury victims who can no longer work still need compensation for their medical expenses and household costs. A plaintiff may also receive financial relief for lost employment benefits.
- Pain and suffering –
The pain from a severe injury can be excruciating and prevent someone from participating in everyday activities. Living with unbearable pain significantly affects a person’s quality of life. It can be challenging to place a monetary value on pain and suffering after an accident. But working with an experienced personal injury lawyer can help. - Damaged personal property – Not all personal injury cases involve substantial property damage, but many do. For example, a serious car accident might leave a vehicle damaged beyond repair, costing thousands to replace the vehicle. A plaintiff can be compensated for repairing or replacing damaged personal property.
Are Pain and Suffering Considered Punitive Damages?
Pain and suffering are not considered punitive damages. Damages for pain and suffering are compensatory, which means they aim to make the injured party return to normal after their losses. On the other hand, punitive damages seek to punish the defendant for their actions and discourage future bad behavior.
What Must Be Proven to Award Punitive Damages?
Under Virginia law, a plaintiff seeking punitive damages must prove that the defendant’s conduct was deliberate or so reckless that it was evidence of a conscious disregard for others’ safety. Obtaining an award of punitive damages can be challenging. However, an experienced personal injury attorney might use the following evidence to prove that the defendant’s conduct warrants an award for punitive damages:
- Statements from witnesses who saw the accident happen
- Testimony from experts in the field, including accident reconstruction experts and medical providers
- Photos of a victim’s physical injuries
- Photos or video of the accident scene showing property damage, lighting conditions, or other physical evidence
- Documents showing that the defendant had a history of wrongdoing, such as traffic tickets, citations, or employment records
What Is the Difference Between Simple, Gross, and Willful and Wanton Negligence?
Ordinary or simple negligence is a legal theory that allows a plaintiff to take legal action when a defendant fails to behave with reasonable care under the circumstances – causing the plaintiff to suffer an injury. Negligence may consist of an act or a failure to act when there is a duty of care. Generally, the four elements required to establish negligence are:
- The defendant owed the plaintiff a legal duty to keep them free from harm,
- The defendant breached that duty,
- The plaintiff suffered an injury, and
- The defendant’s breach caused the plaintiff’s injury.
Gross negligence indicates that a defendant’s conduct was especially reckless, with no care for others’ safety. However, the plaintiff does not have to prove that the defendant knew or should have expected the consequences of their actions.
With willful and wanton negligence, a defendant was aware their actions could cause injury and still failed to take any precautions to avoid harming others. A finding of willful and wanton negligence may result in higher compensation to a plaintiff.
Contact a Virginia Personal Injury Lawyer
If you were injured in an accident in Virginia and the at-fault party’s conduct was egregious, you could be entitled to pursue punitive damages. However, obtaining an award of punitive damages can be challenging and requires extensive evidence. The Virginia personal injury lawyers at Marks & Harrison have the experience, knowledge, and resources to help you seek the maximum compensation. Call us today or visit our contact page for a free consultation.
