Am I eligible for punitive damages in a catastrophic injury case?
No, you are not eligible for punitive damages in a catastrophic injury case in Virginia. Punitive damages are awarded to punish someone for behavior that is considered intolerable or outrageous. They may be awarded to the injured person for harm suffered due to a defendant’s intentional, reckless, or malicious wrongs. In catastrophic injury cases, the defendant’s negligence normally doesn’t rise to the level that warrants punitive damages. In Virginia and many other states, punitive damages are not typically available in catastrophic injury cases. This is because courts must consider multiple factors in determining if punitive damages are appropriate. These factors include the severity of the injury, the defendant’s degree of fault, the defendant’s financial condition, and the size of the award for compensatory damages. Virginia has strict limits on punitive damages in catastrophic cases. In Virginia, punitive damages are limited to five times the compensatory damages or $350,000, whichever is greater. This cap also applies to medical malpractice cases in the state. While punitive damages are not available in catastrophic injury cases in Virginia, you may be eligible for other types of damages. This includes compensation for medical bills, lost wages, pain and suffering, and emotional distress. This is why it is important to speak with an experienced catastrophic injury attorney who can help you obtain the compensation you deserve.
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