What\u2019s the difference between compensatory and punitive damages? If you\u2019ve been injured, you probably don\u2019t care too much; as long as you get the money you need, you may not be concerned about where it comes from.<\/p>\n\n\n\n
However, if you want to maximize the value of your personal injury claim, it\u2019s useful to understand the various potential sources of compensation. Punitive damages don\u2019t apply in every case \u2013 where they are available, though, they can massively inflate claim values. <\/p>\n\n\n\n
If you\u2019ve been hurt because of someone else\u2019s negligence, you may as well try to get as much money as possible from them. Punitive damages can allow you to do just that. <\/p>\n\n\n\n
Compensatory damages aim to make you whole again after you\u2019ve had an accident. They\u2019re divided into two categories: economic damages and noneconomic damages. <\/p>\n\n\n\n
Economic damages cover your measurable, out-of-pocket expenses. These are losses with a clear price tag, such as:<\/p>\n\n\n\n
Noneconomic damages compensate for intangible losses that cannot be measured in direct financial terms. They include:<\/p>\n\n\n\n
Punitive damages aren\u2019t about making you whole\u2014they\u2019re about punishing the defendant in your case. In Pennsylvania, they\u2019re reserved for cases involving intentional or extremely reckless conduct. Even this high bar is more liberal than that in some other states, where only deliberate, malicious conduct will suffice. <\/p>\n\n\n\n
Punitive damages are designed to deter the wrongdoer and others from repeating similar behavior.<\/p>\n\n\n\n
To access punitive damages as a plaintiff, you must be able to show that the defendant\u2019s conduct was willful, wanton, or malicious. Ordinary negligence isn\u2019t enough.<\/p>\n\n\n\n
The result of a negligent act isn\u2019t relevant when it comes to the decision around whether to award punitive damages. The mindset of the defendant is all that matters. This means that an intentional act that causes only relatively minor damage could entitle you to punitive damages, while a merely negligent act causing much more serious harm might not qualify.<\/p>\n\n\n\n
Punitive damages can be significant when they are available. So, even though they\u2019re relatively uncommon, it\u2019s worth considering whether you might be entitled to them based on the facts of your case. <\/p>\n\n\n\n
Here, we\u2019ve looked at examples of cases in which they might attach. <\/p>\n\n\n\n
The majority of car and truck accidents<\/a> give rise only to compensatory damages. Things like speeding, running red lights, and switching lanes without proper observation are negligent, but not to the extent required for punitive damages. Also, road accident cases involving intentional malice are quite rare.<\/p>\n\n\n\n However, there are exceptions, such as:<\/p>\n\n\n\n Punitive damages apply in medical negligence cases only when a healthcare provider\u2019s actions are particularly egregious. Examples include:<\/p>\n\n\n\n It\u2019s worth noting that there is a cap on punitive damages in most medical malpractice cases, per state legislation. The provision also requires that 25% of any punitive damages in medical malpractice cases go to the Medical Care Availability and Reduction Error Fund.\u00a0<\/p>\n\n\n\n Large-scale product liability cases<\/a> often involve punitive damages. When a company knowingly puts dangerous products on the market and fails to provide adequate warnings about them, or deliberately misleads consumers about their risks, this can satisfy the standard required for punitive damages. <\/p>\n\n\n\n Some of the biggest class action settlements in U.S. history have contained significant punitive damages. In the 1990s, for example, a Miami court ordered five major tobacco companies to pay $145 billion in punitive damages<\/a> in a class action suit filed on behalf of smokers in the state of Florida. <\/p>\n\n\n\n\n
Medical Malpractice<\/h3>\n\n\n\n
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Product Liability <\/h3>\n\n\n\n
Premises Liability<\/h3>\n\n\n\n