When Are Punitive Damages Awarded Under Pennsylvania Law?

Wilkes-Barre PA

16 October, 2020

1:57 PM

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In Pennsylvania, and other jurisdictions, those who are injured in accidents (due to the fault of someone else) may be entitled to compensatory damages to cover their losses, from medical expenses to wage loss. In some cases, however, the court may choose to award punitive damages — which can multiply the compensatory damages amount and lead to some significant recoveries. What are punitive damages, really? Let’s briefly explore the concept as it is applied in Pennsylvania. Understanding Punitive Damages In a typical injury lawsuit — in Pennsylvania or elsewhere — the damages recovered in the suits are meant to compensate the injured party for the losses they suffered, putting them in a position (financially) that approximates where they would have been had the accident not occurred. So, for example, a damages award of $100,000 that accounts for the medical expenses, lost wages, and pain and suffering of the plaintiff may be sufficient to compensate them. But these damages are tied to actual losses suffered, which can be — to some degree — measured and calculated. Punitive damages are fundamentally different in “intent” than standard compensatory damages, however. Punitive damages are not meant to compensate the injured plaintiff. Instead, when they are awarded — infrequently so — they are meant to punish the defendant and discourage others in society from conducting themselves similarly. In essence, punitive damages are meant to impose a substantial financial burden on the defendant, to such a degree that it serves as a deterrent to others. Punitive damages operate as a “multiplying factor” on the existing compensatory damages amount. For example, if you are entitled to $200,000, and the court decides to impose four times that amount in punitive damages, then you will receive an award of $1M in total ($200,000 + $800,000). When Does the Court Award Punitive Damages? In Pennsylvania, punitive damages are only awarded on occasion — courts have discretion on whether to impose punitive damages, and the circumstances must be such that the imposition is justified. Pennsylvania law allows for punitive damages in cases where the defendant’s acts are willful, malicious, showcase a wanton disregard for others’ safety, or have an evil motive. When the defendant’s acts fit that profile, the plaintiff may request the imposition of punitive damages, and the court will exercise broad discretion in making that decision. Consider, for example, suppose that two cars are engaging in an impromptu drag race on a busy street. Drag racing is illegal and highly dangerous. One of the drag racing cars spins out of control and hits a pedestrian, killing them. As the driver’s conduct shows willful and wanton disregard for the safety of others, the court may choose to impose punitive damages. — If you’ve been harmed in an accident that was caused by someone else, then you may be entitled to sue and recover significant damages — and in some cases, even punitive damages may be available. It’s worth consulting a qualified attorney for guidance on how to proceed with your case.