Can I recover punitive damages in a personal injury claim?

In Arizona, a claimant can file a personal injury claim to recover punitive damages. Punitive damages are intended to punish the wrongdoer for their careless or malicious actions, rather than to compensate the victim for medical bills or other losses. In Arizona, even if a claimant succeeds in proving negligence (or gross negligence in some cases), punitive damages may still be sought. Punitive damages are not easy to obtain. The victim must prove that the wrongdoer acted with malice, fraud, oppression, or acted in a willful or wanton manner. Punitive damages must also 3x the compensatory damages the victim is awarded. In addition, punitive damages may not be available in all accident cases. For example, punitive damages are not available in cases of medical malpractice. This is because Arizona has a medical malpractice cap in place, which limits the amount of money a claimant can recover in lawsuit for medical negligence. If a claimant believes they have a valid claim to punitive damages, it is best to seek the help of an experienced Arizona accident attorney who can evaluate the specific facts of the case and provide the necessary legal assistance.

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