What are punitive damages in personal injury lawsuits? Examples Included

When someone is injured due to another party’s negligence, they may file a personal injury lawsuit seeking compensation for their losses. The most common types of compensation—known as compensatory damages—cover medical expenses, lost wages, pain and suffering, and other financial burdens resulting from the injury. However, in certain cases where the defendant’s conduct is particularly reckless, malicious, or egregious, the court may also award punitive damages.

Punitive damages serve a distinct purpose in personal injury law. These awards are relatively rare and come with a high burden of proof, but when granted, they can significantly increase the total financial compensation in a personal injury case.

Compensatory vs. punitive damages: How they differ

To understand punitive damages, it’s essential to distinguish them from compensatory damages.

Compensatory damages include both an injury victim’s economic and non-economic losses. They’re intended to make the victim “financially whole” and repay them for things like medical expenses (hospital bills, rehabilitation costs or ongoing treatment), lost wages and loss of earning capacity, property damage and emotional distress.

Punitive damages, by comparison, are not tied to the victim’s actual losses. Instead, they are meant to be a form of punishment for the defendant’s extreme negligence or intentional wrongdoing. The objective is to send a strong message that such conduct will not be tolerated from others in the future.

When are punitive damages possible in Ohio?

Ohio law sets a high bar for awarding punitive damages in personal injury claims. Plaintiffs must prove, by clear and convincing evidence, that the defendant acted with malice (which includes conscious disregard of someone’s safety when that is likely to cause them substantial injuries) or aggravated or “egregious” fraud.

Because of this high standard, punitive damages are not granted in most personal injury cases. Instead, they are typically reserved for cases where the defendant’s actions go far “beyond the pale” of ordinary negligence. Specific examples can help you understand when punitive damages may be awarded:

• Example 1: Drunk driving accidents: A driver who gets behind the wheel while highly intoxicated and causes a major accident, leading to severe injuries, may be subject to punitive damages. The court may determine that driving under the influence while heavily impaired – despite knowing the risks – constitutes reckless disregard for others’ safety.
• Example 2: A product that is known to be defective: A company discovers that one of its products has a serious defect that could cause harm but chooses to continue selling it without issuing a recall or warning consumers. If someone suffers injuries due to this defect, the manufacturer could be liable for punitive damages because they knowingly put consumers in danger for the sake of their profit margin.
• Example 3: Intentional assault: If a person deliberately assaults another individual, the act was automatically intentional and malicious. If there’s a subsequent civil claim, the court may choose to impose punitive damages to make a point about such behavior.
• Example 4: Nursing home abuse: If a nursing home staff member is found guilty of physically or emotionally abusing elderly residents, punitive damages could be awarded as a punishment against the nursing home if the home intentionally ignored safety rules and protocols.

Why punitive damages matter

Punitive damages play a crucial role in personal injury law by setting precedents that discourage others from engaging in outrageous and shocking conduct. In cases where they are applied, these damages help ensure that justice is served beyond simple compensation for the victim.

While not every personal injury case qualifies for punitive damages, consulting an experienced attorney can help determine if they may be an option.