Every so often, the issue of “out-of-control juries” comes up in the news. You may hear about an outrageous jury verdict and wonder what is going on with these awards. The simple answer: the at-fault party in the lawsuit probably did something pretty outrageous.
Punitive damages may be awarded in personal injury cases whenever an individual harms another person intentionally or recklessly. In West Virginia, there is a cap on punitive damages – the greater of $500,000 or 4 times compensatory damages. An experienced West Virginia personal injury lawyer can help you determine if you may be entitled to this type of compensation.
At Johnstone & Gabhart, we are fierce advocates for our clients. We work hard to get our clients maximum compensation, including punitive damages in cases where it is warranted. Reach out to our law offices today to schedule a free initial consultation with a member of our team.
What Are Punitive Damages?
In any personal injury claim, the plaintiff (injured party) may be entitled to three types of compensation: economic, noneconomic, and punitive damages. Economic and noneconomic damages compensate an accident victim for their losses, while punitive damages penalize a person who engaged in intentional or reckless conduct.
Together, economic and non-economic damages are referred to as compensatory damages. They include money for things such as property damage, lost wages, reduced earning capacity, medical bills, future medical treatment, pain and suffering, emotional distress, and loss of enjoyment of life. Compensatory damages are available in every personal injury case.
Punitive damages are not available in every case. Instead, under West Virginia law, they may be awarded in cases where the at-fault party (defendant) either acted with:
- Actual malice toward the plaintiff; or
- A conscious, reckless, and outrageous indifference to the health, safety, and welfare of others.
In other words, punitive damages may be awarded if a defendant acted intentionally or recklessly. A good example of a situation where punitive damages may be awarded is a drunk driving accident. Even if the driver didn’t intentionally hurt anyone, getting behind the wheel of a car when you’re under the influence of alcohol and/or drugs is reckless.
Punitive damages may also be awarded in a case involving intentional conduct. For example, if an employee at a nursing home physically assaults a patient, then punitive damages may be awarded in a nursing home abuse claim.
How Punitive Damages Are Awarded?
Most personal injury cases are resolved outside of court. Many of these claims are resolved through settlement. A skilled West Virginia personal injury attorney can often negotiate a fair settlement with the insurance company that reflects the value of your claim.
However, punitive damages are typically not part of a settlement. Instead, they are awarded by a jury after a trial.
A defendant in a trial involving the potential for punitive damages can ask for the trial to be bifurcated, or split into two stages. During the first phase, the jury will issue a verdict on whether the defendant is liable for compensatory damages. It will also decide the amount of compensatory damages.
If the jury finds in favor of the plaintiff, then the second stage of the bifurcated trial will begin. A court will decide if there is enough evidence to consider punitive damages. In other words, a court will analyze the facts and determine whether there is proof that the defendant acted intentionally or recklessly.
If there is enough evidence, then the question of punitive damages will go back to the jury. The same jury can then award punitive damages to the plaintiff. However, if the punitive damages award is excessive, then the court may reduce the award.
Is There a Cap on Punitive Damages in West Virginia?
For years, West Virginia had no cap on punitive damages. However, under current West Virginia law, punitive damages cannot exceed the greater of 4 times compensatory damages or $500,000.
The West Virginia Legislature imposed this cap because of a perception that punitive damages are out of control and don’t always bear a relationship to the amount of harm suffered. The classic example offered by proponents of punitive damages caps is the McDonald’s hot coffee case – where an older woman suffered severe burns when her coffee spilled on her lap. A jury awarded her $160,000 in actual damages for her medical expenses, and $2.7 million in punitive damages. A judge then reduced the punitive damages to $640,000, or 3 times actual damages.
This case got a lot of media attention and became a focal point of the tort reform movement. However, many people didn’t fully understand the facts of the case – including that the victim suffered burns so severe that she required skin grafts and 2 years of medical treatment. They also did not realize that McDonald’s intentionally kept their coffee at extremely high temperatures or that the corporation refused her request for a $20,000 settlement to cover her medical treatment.
The purpose of punitive damages is to punish someone who engages in dangerous behavior. It also serves to deter other people from behaving in similar ways. Punitive damage caps – like West Virginia’s – can minimize the goal of punitive damages.
Although punitive damages are capped, they can help to more fully compensate an accident victim for their injuries. In cases involving serious or catastrophic injuries, they can also be significant.
For example, consider a case where a person suffered a traumatic brain injury in a motor vehicle accident and will require lifelong care as a result. Their actual damages – including economic damages like medical expenses, reduced earning capacity, lost wages, future medical bills, and non-economic damages like pain and suffering and loss of enjoyment of life – will be quite significant.
If the person who hurt them did so recklessly or intentionally, then they can recover 4 times their compensatory damages in punitive damages. If their actual damages were $3,000,000, then the punitive damages award could be up to $12,000,000. This money won’t make them whole again – but it can help them move forward with their life after a tragic accident.
How Our Law Firm Can Help
Being hurt in an accident can be traumatic. It can be even more difficult to deal with when the person who caused the accident wasn’t just being careless – they were acting intentionally or recklessly. In these situations, you may be eligible for an award of punitive damages.
Based in Charleston, WV, Johnstone & Gabhart advocates for injury victims throughout West Virginia. We aren’t afraid to take on big insurance companies – and we have the experience to win. To learn more or to schedule a free consultation with a Charleston personal injury attorney, call us at 866-245-6359 or email us at any time.
