Frequently Asked Questions About Personal Injury Claims and Wrongful Death Cases
In our FAQ, the experienced personal injury attorneys with Kearney, Freeman, Fogarty & Joshi, PLLC take the time to answer common questions and concerns from injured people in many different situations. If you don’t see the answers to your questions here, you can also talk with us in person at 877-652-1553 or by filling out our online contact form.
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Are punitive damages allowed in Virginia personal injury cases?
Punitive damages, or damages that are meant to punish the defendant rather than compensate the plaintiff, are allowed in Virginia personal injury cases. However, punitive damages are only allowed in specific situations, and they can be very difficult to obtain.
Punitive Damages for Egregious Behavior
Although you may have suffered a very serious injury or your loved one may have been killed in an accident, this doesn’t mean you’ll automatically recover punitive damages. Instead, if you are pursuing a punitive damage award, the court will consider the defendant’s behavior that resulted in your injury.
Punitive damages may be awarded to you if you can prove that the defendant acted with either malice or with willful and wanton disregard for the rights of others. Punitive damages are awarded in addition to compensatory damages. If the defendant’s conduct is not malicious, willful, or wanton, but the defendant failed to use reasonable care, and that resulted in your injury, you may still be able to recover compensatory damages for medical expenses, lost income, and pain and suffering.
Punitive Damage Limits in Virginia
The purpose of punitive damages is to punish the defendant, and this financial support will provide you with compensation over and above the value of your compensatory damages. As with other kinds of damages, you will need to prove the value of the punitive damages you are seeking by providing convincing evidence to the court.
While the exact value of your potential punitive damage award is dependent on the facts of your case and the arguments you make, Virginia law limits the amount of punitive damages to a maximum of $350,000.
Talk to a Personal Injury Lawyer About Punitive Damages
Punitive damages are not awarded in every case. Our experienced Virginia personal injury lawyers will review the facts of your case and provide you with our professional opinion about whether or not you should pursue punitive damages. Call us, or start a live chat to schedule a free, no-obligation consultation to discuss your rights and all of your potential compensation.