How Much Is Your Gross Negligence Settlement Worth?
While personal injury accidents are very common, judges ordered payments of punitive damages from the defendant are not. If you are ever ordered to pay punitive damages you need to do two things. First, you need to hire a good personal injury lawyer in Monrovia to help defend yourself. Second, you need to read this article for advice and information that you can discuss with your lawyer.
Damages in general
Judges and juries will order the defendant to pay punitive damages when sufficient evidence exists and is presented that the defendant is indeed guilty of causing harm from actions of gross negligence. Gross negligence payments can be ordered for a variety of bodily injuries that result in the following:
● Pain and suffering
● Physical impairment
● Mental anguish
● Lost wages
● Medical expenses
Definition of punitive damages
Personal injury lawyers in Encinitas know that punitive damages are meant to punish the guilty party. They are not associated with any injury for this reason. They also are not intended to compensate the plaintiff for a particular loss. Most states require significant tangible evidence to be presented in court that shows that the defendant is guilty of actions of gross negligence or carelessness. Plaintiffs generally receive punitive damages, but this is not the case when breach of contract is involved.
Gross Negligence
Personal injury lawyers are aware that the personal injury law defines gross negligence to be reckless or careless conduct which causes intentional harm to an individual and breaches his or her personal safety, rights, and/or life! Government entities can be ordered by a judge to pay punitive damages for gross negligence.
The reasoning for punitive damages
Punitive damages are imposed on the defendant as a way to punish him or her for his or her wrongful and intentional actions. They are also designed to deter the defendant (and other people) from acting in a similar way in the future.
Limits on punitive damages
Some states have a cap on the amount of punitive damages the defendant must pay. For example, Florida caps punitive damages at either the award of the compensatory damages or $500,000. The plaintiff will receive the higher amount. In California, there are no caps on punitive damages though.
Reasonable cause must exist
The plaintiff cannot seek punitive damages against the defendant because he or she thinks he or she has been injured. The plaintiff must be able to prove by providing enough evidence that shows beyond a reasonable doubt that the defendant is guilty.
Since punitive damages are real, you should always hire a personal injury lawyer to fight your case in court if you are ever ordered to pay punitive damages.