Are punitive damages available in brain injury cases?

In Arkansas, punitive damages may be available in brain injury cases, but there are limitations. Punitive damages, which are also referred to as exemplary damages, are those that serve to punish a wrongdoer for particularly egregious conduct. The purpose of such damages is to deter similar conduct in the future. When it comes to brain injury cases in Arkansas, punitive damages may be available where the defendant’s conduct can be characterized as reckless or willful and wanton. For instance, if a defendant’s actions caused the injury intentionally, punitive damages may be awarded. However, to recover punitive damages, the plaintiff must also prove that the defendant acted with a conscious disregard for the plaintiff’s health and safety. In Arkansas, there are limits on punitive damages. The amount of punitive damages a plaintiff can receive cannot exceed the amount of compensatory damages. In addition, any punitive damages award cannot exceed an amount that is reasonable to serve its purpose of punishment. In summary, punitive damages are available in brain injury cases in Arkansas, but there are limits as to the amount a plaintiff can recover and the circumstances under which punitive damages may be awarded. If you believe you have a brain injury case in Arkansas, it is important to contact a personal injury attorney to discuss the specifics of your case.

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Are punitive damages available in brain injury cases?

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