You’ve probably heard of punitive damages perhaps due to high profile jury verdicts. However, the numbers of personal injury cases where punitive damages are awarded are very few. This is because in order for punitive damages to be awarded, the behavior of the person at fault must have been reprehensible and deserved punishment.
What are Punitive Damages in Persona Injury Cases?
Damages, in general, is compensation awarded to an injured person for the harm they suffered due to the negligence of another person. Different types of compensation for a personal injury include:
- Medical expenses
- Loss wages
- Mental suffering
- Physical impairment
- Physical pain and suffering
Punitive damages on the other hand are supposed to punish the defendant and not necessarily to compensate the plaintiff for a tangible injury. However, the plaintiff is the one that receives the compensation.
Punitive damages are possible if the defendant acted with recklessness, deceit or malice. Most states require gross negligence in order to award punitive damages.
Gross negligence is defined as intentional misconduct that disregards the rights, life or safety of other people. When you violate your general duty to act with reasonable care, that’s considered ordinary negligence but with gross negligence, an element of recklessness is added.
For example, an employer might be held liable for injuries caused by equipment failure at a job site. However, if the equipment was recalled by the manufacturer for being faulty and the employer was aware of it but still insisted to use it and consequently someone was hurt while using the equipment, then they may be held liable for gross negligence. Your employer knew about the danger of using faulty equipment but still disregarded his employees’ safety.
The rationale behind punitive damages is to deter repugnant conduct. If for example your employer intentionally ran over you with a forklift because they were angry at you for something you did at work, then you would be compensated for any injuries resulting from his actions. Your employer’s intentional misconduct would be a good claim for punitive damages.
In Massachusetts, punitive damages are only available if granted by statute. You can seek for punitive damages in a wrongful death lawsuit and a medical malpractice suit. However, unless the injury is catastrophic, punitive damages for medical malpractice suits have a cap of $500, 000. The reason why courts have a cap on these damages is so as to prevent frivolous claims in personal injury cases.
Does Insurance Cover Punitive Damages?
Most people assume that their insurer will cover them for all kinds of damages as long their premium is up to date. However, this might not be true. You have to analyze the policy.
Most insurance companies do not cover compensation for punitive damages. Some policies are ambiguous or they do not mention coverage of punitive damages. That means that they may or may not cover punitive damages.
That means that they may or may not cover punitive damages. Courts in most states agree that the term damage is broad enough to include punitive damages. However, some courts consider damages to mean property damage or bodily harm and punitive damages are meant to punish and deter a defendant’s behavior rather than compensating for injuries. This means that punitive damages do not fit within the scope of the policy.
Most insurance companies do not cover damages caused by intentional acts and in order for you to claim punitive damages you have to prove that the defendant’s actions were intentional.
Many states do not allow insurance coverage for punitive damages. The purpose of punitive damages is to punish and allowing insurance coverage defeats that purpose. The few states that allow insurance coverage, insist that the insurer must include punitive damages as part of their coverage.
You can increase the odds of coverage for punitive damages by first consulting with your personal injury attorney. Your lawyer can audit your insurance policy to determine whether it covers punitive damages.
Hire a Personal Injury Lawyer in Fall River, MA
Many people handle their personal injury claims but if your case is serious, you could benefit from a personal injury lawyer’s experience and expertise. If you start the claims process without a lawyer and then you hire them when things get complicated, they may not be able to help your case.
If you are unsure about how to handle your claim, you should consider consulting with one of our personal injury lawyers. We offer free initial consultations and we charge a contingency fee. This means that we will only get paid if we win your case. Contact us today at 508-676-0001 to schedule your free consultation.
