Punitive Damages and Personal Injury Cases

American law commonly recognizes two major types of compensation, or damages, that are available to victims of personal injuries: compensatory and punitive. In general, Rhode Island and the other New England states do not allow for punitive damages..

Compensatory Damages: An Overview

In short, compensatory damages seek to provide an equivalent dollar amount to make up for the losses incurred by an injury. These can include the cost of medical bills, loss of income, loss of future earning potential, pain and suffering, and loss of companionship if one’s spouse is injured or killed in an accident. Compensatory damages can be both monetary (a dollar-for-dollar exchange) and non-monetary (a dollar amount assigned to an intangible loss).

The Basics of Punitive Damages

Punitive damages are awarded not to “make up for” a loss suffered by the victim of an injury, as compensatory damages are, but are imposed by the court on the defendant—the offending party—in order to punish the defendant’s egregious, dangerous conduct and to deter such conduct in the future.

For example, if the total property damage and medical costs associated with a car accident comes to $750, 000, compensatory damages would be roughly equivalent, plus possible non-monetary damages awarded for pain and suffering. The goal of these compensatory damages is to make the victim whole, to make it as if the accident “never even happened,” at least in financial terms.

A punitive damage in such a case, however, might far exceed the $750, 000 total monetary loss incurred in the accident. If the other driver was distracted, or was acting out of road rage when the accident occurred, a court elsewhere than Rhode Island might assign punitive damages of hundreds of thousands or even millions of dollars depending on the circumstances. No matter how reckless, dangerous, or lawless the conduct of the defendant was leading up to the accident, Rhode Island courts cannot impose punitive damages.

Trusted Personal Injury Lawyers

Our team of skilled personal injury attorneys knows that the aftermath of an accident can be one of the most stressful, painful, disorienting times in life. Especially if the death of a loved one is involved. No matter what the circumstances of your accident, we have the experience, knowledge, and compassion to bring the strongest possible case to court for you. If you are ready to get justice for what you suffered, call our office today to discuss your options.

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