Accidents are common occurrences in Cherry Hill. The victim has to go through physical, emotional, and financial tolls due to losses sustained due to accidents. Unintentional injuries are often a result of someone’s negligence.
In Cherry Hill, when the victim is injured due to another party’s negligence, they may seek compensation through a personal injury lawsuit. Victims can claim two types of damages: compensatory damages and punitive damages. While compensatory damages aim to cover the victim’s losses, punitive damages serve a different purpose. Claiming punitive damages without the help of a personal injury lawyer in Cherry Hill is next to impossible. Punitive damages are awarded only in a few cases where the actions of the at-fault party are considered egregious.
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What are punitive damages in personal injury law?
Punitive damages, also known as exemplary damages, are designed to punish the aggressor for reckless, intentionally negligent behavior, and deter similar conduct in the future. Often, juries award punitive damages to send a strong message that certain actions are unacceptable.
In most cases, punitive damages involve a company or other large entity. For instance, a car manufacturer continues to manufacture and sell an automobile or automotive part that has been proven to be dangerous or defective. If you can demonstrate that they were negligent in their decision to continue selling the car, they may be ordered to pay punitive damages.
However, in some cases, individuals can also be ordered to pay punitive damages that injure someone else due to negligent behavior. For instance, OJ Simpson was ordered to pay $25 million in punitive damages following the sad deaths of his ex-wife and a friend, as reported by The New York Times.
Furthermore, drunk driving or distracted driving can also fall under the realm of punitive damages. In both cases, the driver is at fault since would have made a willful decision to engage in behavior that could easily harm another person.
What are the legal standards for punitive damages in Cherry Hill?
The legal standards for awarding punitive damages are stringent. The burden of proof falls on the plaintiff or the individual filing the lawsuit. This means the plaintiff will have to prove that the defendant’s actions were more than just negligent, with convincing evidence of malicious intent or reckless disregard for safety. It is worth pointing out that when seeking compensatory damages in personal injury law, the burden of evidence is termed as “preponderance of evidence,” a lower legal standard.
How punitive damages are calculated?
While the amount of punitive damages can vary widely depending upon the decision taken by the court, there is a certain cap to it. As per the NJ Courts report, the punitive damages in New Jersey are limited to $350,000 or five times the amount of the compensatory damages, whichever is greater.
Moreover, there are also certain factors involved in calculating the punitive damages. Here are the three major factors:
- The severity of the defendant’s conduct.
- The harm suffered by the plaintiff.
- The defendant’s financial status and ability to pay.
It is important to note that the amount of punitive damages is determined at the discretion of the court, and an attorney is not allowed to suggest or advise the court.
What is the role of a personal injury lawyer in Cherry Hill?
An experienced personal injury lawyer will have a deep understanding of the law and know how the navigate the complexities of punitive damages. The attorney would prepare for every case, regardless of whether punitive damages are involved or not. They will not only help the victims understand their rights and potential for punitive damages, but also gather all the evidence, build a strong argument, and present it effectively at the court.
Furthermore, an experienced lawyer can provide critical support throughout the legal process, from filing the initial claim to negotiating settlements or representing the client in court. Their ability ensures that victims are appropriately paid and that the perpetrator is held accountable for their actions.
Conclusion
Punitive damages are significant in the personal injury law system because they punish extreme behavior and prevent future misconduct. Understanding when and how these damages are awarded may help Cherry Hill victims seek justice and compensation beyond monetary restoration for their losses. Those interested in a personal injury case should consult with an experienced Cherry Hill personal injury lawyer to help them understand the complexities of punitive damages and reach a fair settlement.