Oct 27, 2017 - Car Accidents by Jack Hirsch
In Arizona, as in other states, punitive damages are awarded only rarely in auto accident lawsuits, though when a punitive damages award is granted by the court, it tends to make a splash in the media. Punitive damages are awarded on the basis of the compensatory damages in a given lawsuit. If the compensatory damages amount is significant, the punitive damages award can push the total damages up to a degree that is shocking to some. Many injury lawsuits that have entered pop-culture have done so on the basis of punitive damage awards that capture the imagination of observers. For example, suppose that you are injured in a serious auto accident, and your total compensatory damages add up to $500,000. If the court awards punitive damages in your case (say, three times the compensatory damages), then the total damages will be $2,000,000. Oftentimes, “million dollar” injury lawsuits involve a punitive damages award. Punitive damages are quite unlike other forms of damages, so it’s important to understand that a claim for punitive damages is not made on the same basis as a claim for lost wages, or medical expenses. Punitive Damages Are Unique Punitive damages function differently than compensatory damages. A claim for compensatory damages (i.e., pain and suffering, past and future medical expenses, lost earnings, loss of earning capacity, loss of enjoyment of life, etc.) is put forth on the basis that you — the plaintiff — are entitled to financial compensation for your injuries. Compensatory damages are an attempt […]