What Are Punitive Damages?
There are two primary types of damages in civil litigation, compensatory and punitive. Compensatory damages include repayment for emergency medical treatment, your stay in the hospital, rehabilitative care, lost wages in the present and future, and pain and suffering. A successful personal injury case will result in an award of compensatory damages, which are intended to make the victim whole and assist with a restoration to the pre-accident state. Punitive damages are intended to punish the defendant and to act as a deterrent to prevent others from acting similarly.
Punitive damages are more common in situations where there is evidence that the defendant acted with malice and intent to do harm, as compared with accidents which occur due to simple negligence. Common examples of offenses which state law recognizes as being eligible for an award of punitive damages include:
- Assault and battery
- Employment discrimination
- Negligent or intentional infliction of emotional distress, as in sexual abuse
- Wrongful death
- Drunk-driving accidents
Call for More Information or for a Lawyer for Your Case!
A lawyer from the Fitzsimmons Law Firm PLLC can consult with you to determine whether you have grounds to include punitive damages in your claim. Lawyers with the firm have obtained hundreds of millions of dollars in settlements and verdicts for clients over the past three decades, and they know how to get results. Your attorney will use all the available evidence to help you seek the highest possible award, so that you receive the amount you deserve and are able to move on in life.
Contact a West Virginia lawyer who will work tirelessly to maximize the amount you receive in punitive damages.