Many elements potentially factor into a personal injury case, from the actual losses suffered by the injured party to the extent of the liable party’s damaging actions. Understanding the damages that can potentially be assigned to an injured person’s case, including punitive damages, can make it much easier for them to determine what compensation they can expect as part of their injury claim. However, punitive damages, which are assigned against a party that has caused serious damage to another, can prove more difficult to calculate.
Punitive Damages Defined
Punitive damages are assigned to punish defendants rather than as direct compensation for the losses faced by the injured party. They are intended to punish the defendant for serious misconduct, including conduct that knowingly puts other people in danger. Punitive damages are often assigned to discourage the defendant and others from engaging in similarly dangerous or hazardous activities in the future. The plaintiff, in combination with a lawyer, will work to show the defendant’s negligence and that punitive damages should be assigned in a case.
The Difference Between Punitive and Compensatory Damages
Compensatory damages, or those sought as part of a personal injury claim, are intended to compensate the injured party for the losses sustained as a result of the negligent party’s actions. Damages can include both the financial and non-financial losses the injured party suffered: medical costs, lost job income, property damages, and the pain and suffering faced by the victim because of the injuries and losses related to the accident. Lawyers will work closely with their clients to accurately calculate the losses caused by the accident, including working with expert witnesses to determine the value of those losses.
Punitive damages, on the other hand, have more to do with the liable party’s conduct than with the injured party’s losses.
When the Courts Assign Punitive Damages
Louisiana allows punitive (exemplary) damages only when a statute authorizes them. Reckless or even intentional conduct is not enough on its own; the conduct has to fit one of those statutes. Two of them are described below.
Drunk Driving
Driving while intoxicated poses a serious danger to anyone who shares the road with the defendant. Louisiana allows exemplary (punitive) damages against a drunk or impaired driver when the driver’s intoxication helped cause the crash and the driving showed wanton or reckless disregard for others’ safety (La. C.C. art. 2315.4). Those damages come on top of the compensation the injured party asks for as part of a car accident claim. The driver’s liability insurer may have to pay those damages if the policy covers them; if the policy excludes them or the award exceeds the limits, the driver owes the rest.
Domestic Abuse
Louisiana law also allows exemplary damages for domestic abuse. The abuse must cause serious bodily injury or severe emotional and mental distress to a family or household member, through the abuser’s wanton and reckless disregard for that person’s rights and safety. A criminal prosecution is not required (La. C.C. art. 2315.8).
Other Cases
Because Louisiana law is highly specific about the cases in which punitive damages can be assigned, it can prove difficult for injured victims to recover those damages in other scenarios, even after a serious incident. When a case involves more than one state, a Louisiana court can award punitive damages only if two of those states’ laws allow them: the law of the state where the conduct happened plus the law of the state where the injury happened or where the defendant lives, or the laws of the injury state and the defendant’s home state (La. C.C. art. 3546). Working closely with a lawyer can make it easier for victims to determine whether they may have the right to punitive damages.
Factors That Influence Punitive Damages
Several factors can influence the punitive damages assigned by the court. While a lawyer can help injured victims calculate potential damages, they cannot guarantee what the court will decide in any case. Most of the time, punitive damages are not based on the compensatory damages related to the case. Furthermore, the court does not award those damages based on sympathy for the victim, nor can it take damages to other individuals under consideration when issuing an award in a specific claim.
Egregious Behavior on the Part of the Liable Party
The more danger the liable party put the injured party in as a result of their dangerous actions, the greater the odds that the court will assign punitive damages and the higher those damages may prove. For example, a drunk driver who caused a rear-end collision may receive lower punitive damages than a driver swerving all over the road, traveling at very high rates of speed, and aggressively trying to push other drivers off the road as a result of his inebriation.
The Size of the Award Needed to Deter Future Damaging Actions
In addition to serving as a punishment for the liable party, punitive damages are intended to act as a deterrent discouraging future negative behavior from the defendant and others. As a result, the court may choose to issue punitive damages based on the size of the award most likely to have the desired impact. The court may take the defendant’s financial situation into account when considering how to issue punitive damages, as a defendant with considerable financial resources may not be impacted by a lower financial amount.
Assessing Potential Damages After an Accident
For those who have questions about the compensation they can expect after a serious injury, a personal injury lawyer can provide insight. An attorney can discuss how to move forward with a personal injury claim and what will happen in the legal process, including whether the plaintiff can anticipate punitive damages related to their case.