If you or a loved one sustains an injury caused by the negligent actions of another person, you may be able to recover significant compensation for your losses through a personal injury lawsuit against the at-fault party. In general, personal injury victims are often able to recover various types of economic and non-economic damages, including the recovery of their medical bills, lost wages, pain and suffering damages, and more. In some cases, victims may also be able to recover punitive damages from a negligent party. These damages are meant to compensate the victim and to serve as punishment against the negligent party for their actions. At Torgenson Law, our Tempe personal injury attorneys want to discuss these damages.
Arizona laws make it difficult to sue for and recover personal damages in most personal injury cases. In general, courts in Arizona have ruled that punitive damages will be allowed only under certain circumstances. Arizona courts only allow punitive damages to be awarded if a person was found to be acting with an “evil mind.” This may sound ominous and tough to prove, but generally means one of two things:
Keeping in mind that punitive damage awards are rare, there will be few cases in which they are awarded for car accidents. Punitive damages in truck accidents or car accidents could be awarded if a driver intentionally hits another person with their vehicle or if a driver does something incredibly dangerous on the roadway that they know will cause harm to others around them. This could include a driver who was “provoked” by road rage and intentionally slams their vehicle into another, causing harm to the occupants.
In general, medical professionals do everything they can to keep a patient from becoming harmed. However, there are times when a medical professional may knowingly cause harm to a patient. An example of when punitive damages may be appropriate will be when a nurse is annoyed with a talkative patient, knowingly gives them a sedative they have not been prescribed to keep them quiet, and the patient subsequently has an adverse reaction to the medication that causes them significant harm.
There are various ways that punitive damages could be appropriate in a wrongful death case. However, similar to personal injury punitive damages, the courts will still need to find that a person acted with an “evil mind” before they allow them to be awarded. An example of when punitive damages may be appropriate for an Arizona wrongful death claim could be an employer knowing that employees were working around defective equipment, failing to take steps to replace or repair the equipment, and an employee dying due to this failure to take appropriate steps.
Bad faith insurance practices occur when an insurance carrier intentionally refuses to compensate the insured for a valid claim. In these cases, the insurance carrier may refuse to pay the expenses outlined by the terms of the policy to be covered. If it is determined that the insurance company intentionally does not pay a valid claim, knowing that they are hurting the insured, the courts may force them to pay punitive damages for their actions.
Aside from the brief examples mentioned above, some other examples of punitive damages could be:
When you seek legal assistance from a Phoenix injury attorney, then your attorney will thoroughly review your case and work to determine what types of compensation it will be appropriate to seek. In most cases, an attorney will work with financial and medical experts to calculate economic losses such as medical expenses, lost wages, and other out-of-pocket expenses. A personal injury attorney will also work to calculate non-economic expenses for a person’s mental anguish, anxiety, pain and suffering, fear, and other emotional and psychological harm caused by the injury.
Upon completely evaluating the facts of the case, an attorney will make a decision as to whether or not they should seek punitive damages. Because it can be difficult to get a jury to award these damages, the circumstances will need to be particularly egregious.
Some states place a cap, or limitation, play amount of punitive damages that can be awarded, but Arizona has no such limitation. However, The United States Supreme Court has generally held the ratio of punitive damages to compensatory damages should not exceed 9:1.
This would mean that, if a person is awarded $100,000 in compensatory damages, then a punitive damage award of more than $900,000 will not likely be appropriate. Punitive damages awarded in this amount will be reduced.
While there is no official cap on these damages in Arizona, the state Supreme Court has generally held that a punitive damage award ratio of more than 4:1 is inappropriate. In general, the following factors will be used in Arizona to determine the appropriateness of punitive damages:
In some cases, a defendant in Arizona may be immune from punitive damages. This is typically going to be the case for any public entities or employees of public entities (public schools, police officers, county building inspectors, etc.).
If you or somebody you love has been injured due to the negligence of another person, contact a Phoenix car accident attorney at Torgenson Law today. Let us conduct a full investigation into your case so we can obtain maximum compensation for your claim. You can contact us for a free consultation of your case by clicking here or calling (602) 600-0012.
John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.
John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.
Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.
