While compensatory damages in a personal injury case reimburse the victim for their losses, punitive damages serve a different purpose altogether. Punitive damages are designed to punish the defendant for their egregious conduct and deter similar behavior in the future. Whether a personal injury victim can collect this type of relief is sometimes a complicated question that depends on various factors.

Generally, there must be a funding of intentional wrongdoing or gross negligence to award punitive damages on top of compensatory damages. Gross negligence goes beyond mere carelessness. Situations where a defendant’s actions were reckless or exhibited a conscious disregard for the safety of others, might warrant punitive damages. Virginia law authorizes a finding of punitive damages under certain conditions in personal injury and wrongful death cases involving intoxicated drivers.

A personal injury caused by the defendant’s willful misconduct might also justify punitive damages. For example, if a manufacturer knowingly sells a defective product without warning consumers of potential dangers, they may be liable for punitive damages.

It's important to note that the majority of personal injury cases do not support a claim for punitive damages. Ordinary negligence, where the defendant's actions were careless but not intentional or grossly negligent, typically only results in compensatory damages.

In some jurisdictions, including Virginia, there are be caps on punitive damages. Virginia law limits punitive damages to $350,000 unless the defendant's conduct was motivated by malice or intent to cause harm. This cap aims to provide predictability in damage awards while still allowing for punishment in cases of extreme misconduct.

That's why it's crucial to seek the guidance of a seasoned personal injury attorney. An experienced attorney can assess the circumstances of your case, determine if punitive damages are warranted, and fight to secure the compensation you deserve.

If you believe you may be entitled to punitive damages in your personal injury claim, don't hesitate to seek the help of a knowledgeable attorney at Becker, Kellogg & Berry, P.C. We can review the facts of your case and advise as to the damages that might be available. You can call 888-312-5087 or contact us online 24/7 for a free consultation.