Truck Accident Lawyers

Punitive Damages

Punitive damages are damages awarded to a victim not to compensate the victim or plaintiff but rather to reform or deter the defendants and others like him or her from pursuing a similar action or behavior as that which has already injured or damaged the plaintiff.

Punitive damages are frequently awarded when a jury decides that compensatory damages are inadequate as a remedy for damages. The court may impose them to prevent the plaintiff from being under-compensated, to allow redress for undetectable torts, and to take some strain away from the criminal justice system. While punitive damages may be awarded under a court system that recognized them, it may be difficult to collect them in a jurisdiction that does not recognize them. Not all jurisdictions recognize the validity of punitive damages.

Punitive damages when they are awarded to a party in a case tried in the United States would be difficult to gain recognition for in a European court. This is because punitive damages in Europe are likely to be considered in violation of public policy.

Because they are used to compensate a plaintiff in excess of a plaintiff’s provable injuries, punitive damages are awarded only in special cases. They are more frequently awarded under tort law where the defendant’s conduct was egregiously insidious or in violation of some law.

Punitive damages are typically not awardable in contract disputes. A notable exception to this rule is in insurance cases where it is alleged that the insurance company acted in bad faith. This situation is allowed in the United States. The insurer’s breach of contract must be so egregious that it amounts to a breach of the “implied covenant of good faith and fair dealing” and is, therefore, considered to be a tort cause of action. Because it becomes a tort cause of action, the claim is eligible for punitive damages beyond the value of the insurance policy.

In addition, punitive damages can be awarded in excess of the compensatory damages. This means they can be equal to or more than the amount of compensatory damages that were awarded. There is not a set limit or even an absolute impermissible ratio of punitive damages to compensatory damages. Some punitive damages with outrageously high ratios have been reversed by appellate courts.

Contact a Truck Accident Attorney

If you have been injured in a truck accident in which a truck violated some law, there may be legal options available to you. For more information on your legal options, contact the truck accident attorneys of Williams Kherkher at 1-800-220-9341.