Can I Get Punitive Damages?

Punitive Damages Defined: Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer.

The civil litigation system in New Jersey is designed to provide compensation for individuals who are injured because of the unlawful conduct of others. It is not much concerned with punishing or deterring wrongdoers.

New Jersey’s general principle is subject to an exception. There are cases where the judge will order a defendant to pay the plaintiff a sum of money, which is not calculated based on actual harm the plaintiff suffered. This is when punitive damages come into play.

Punitive damages are one type of award that can be ordered in a civil case where aggravating circumstances merit a need to penalize, punish, or deter a defendant. They are basically awarded to teach a lesson to the at-fault party – make sure he or she does not act in the same manner in the future.

Although punitive damages are not criminal consequences, they are obligatory. This type of damages can be awarded in cases with a jury or where only a judge is present.

Punitive damages may be applied for a number of reasons. For example:

• Malice
• Deception
• Fraud
• Wantonness
• Oppression
• Willful misconduct
• Specific intent to cause harm
• While under the influence of alcohol or drugs

Punitive damage awards typically result in a larger settlement for the plaintiff. Some people see them as providing a windfall for the plaintiff.

With this being said, punitive damages are not awarded lightly because the civil justice system typically disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are awarded, however, when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.

In New Jersey, a majority of personal injury litigation cases do not involve the possibility of punitive damages because they usually involve injuries where the defendant is at fault for the harm caused – but did not intend to do any harm.

Finally, there is a limit placed on punitive damages. Normally, they cannot exceed ten times the amount of actual damages suffered by the plaintiff. This is just a guideline; exceptions have been made, depending on the circumstances surrounding the case.

If you are involved in a case where punitive damages are a possibility, it would be wise to speak to an experienced civil litigation attorney in the personal injury law offices of Maggiano, DiGirolamo & Lizzi.

We have offices in Ft. Lee, New Jersey and New York City for your convenience. We invite you to schedule a consultation with one of our prestigious attorneys today.