Comprehensive Explanation of Punitive Damages By Boca Raton Accident Attorney

Punitive or exemplary damages are the material compensation to be paid by a person held liable by the court for an act that he has done. Punitive damages are awarded, usually by the jury, if they decide that the defendant must pay material compensation for his wrong-doing and if it is necessary to deter him from committing the same or similar wrong in the future. Punitive damages serve as a lesson to both the defendant and others who would do evil to others. They are also known as exemplary damages as they are meant to serve an illustrative purpose. If you are a car collision victim, hire a Boca Raton Accident Lawyer to help you understand the punitive damages you are entitled to.

Purpose of Punitive Damages

Punitive damages in a personal injury lawsuit are awarded to punish the defendant for outrageous, grossly negligent, willful, or malicious behavior. The idea behind punitive damages is to compensate a plaintiff for knowing and intentional misconduct that justifies an award of multiple times more than that which would have been awarded in a simple negligence case. Punitive damages are meant to be beyond reproach when it comes to the damages for the defendant's state of mind.

When can you receive punitive damages?

Willful and wanton behavior is an extreme form of negligence and generally will result in increased awards of punitive damages against defendants. When awarding punitive damages, the court essentially says that it is unacceptable for a defendant to engage in such conduct. Therefore, the defendant must pay an amount of money greater than available under a traditional negligence claim. To receive these damages, the plaintiff must hire Boca Raton Accident Lawyer to prove that the defendant purposely attacked the plaintiff and caused the injury.

Other Requirements

If punitive damages are to be awarded, they must be ordered together with other types of damages and cannot be requested in lieu of any other types of damages. All other damages, such as compensatory and restitution damages, must be ordered prior to the award of punitive damages. Punitive damages cannot constitute a separate verdict or recovery.

Malicious intent is an essential factor when bringing a case forward for punitive damages. It is specific to situations of intentional harm in which the defendant's actions can be described as either purposeful or deliberate. In addition, you need to be able to prove that the injury you suffered was directly caused by the defendant's actions or lack of actions.

Personal injury can be complicated enough for the layman, but it becomes even more complex with punitive damage. You have to deal with limits and calculations that will differ drastically from state to state. You need a Boca Raton Accident Attorney to navigate this murky area. A lawyer can tell you if the state you live in allows for the awarding of punitive damages and will also help determine whether the case meets the criteria. For more information visit here: Drucker Law Offices