What Are Punitive Damages in Virginia?

When you file a personal injury claim, the judge or jury may award compensation to help you recover your losses from the accident. However, in some cases, the judge or jury may also award additional compensation not necessarily to help you pay for your losses but to punish the defendant for their reckless or malicious behavior. This additional compensation is punitive damages, and courts only award these in certain circumstances.

Defining punitive damages in Virginia

Punitive damages, also commonly referred to as exemplary damages, involve extra compensation that the at-fault party must pay to the injured victim. The reason for awarding punitive damages is to punish the at-fault party for their actions and to persuade them never to act or behave in that manner again. However, for punitive damages to be awarded in the Commonwealth of Virginia, the at-fault party must have been acting in a horrific, deliberate, willful or wanton way, which is determined to be despicable by the judge or jury.

Here is an example of a case that could result in punitive damages:

Imagine that a driver was traveling 35 mph over the speed limit in a school zone within a local Richmond neighborhood when they struck and critically injured a child. The investigation shows that the driver was also intoxicated at the time. In this case, it is clear that the driver did not care at all about whether they caused serious harm to anyone else. A court may look at the egregious nature of the driver’s behavior and find that punitive damages are appropriate.

What is the difference between punitive damages and compensatory damages?

If you have a personal injury case on your hands or have spoken with an attorney about your case, you may have heard about the two different types of damages, which are punitive damages and compensatory damages. Below, we will briefly review the differences between these two types of damages.

1. Punitive damages: Punitive damages are only awarded in certain cases. The judge or jury awards punitive damages to punish the at-fault party for their outstandingly bad behaviors, which can hopefully deter them from behaving in this manner again and harming another person.
2. Compensatory damages: Compensatory damages are awarded to the injured victim to help them cover their costs and expenses from the accident. The goal of compensatory damages is to help make the individual whole again.

Are pain and suffering damages the same as punitive damages?

No, pain and suffering damages are not the same as punitive damages. Pain and suffering damages are compensatory damages covering non-economic losses the injured victim experiences. For example, pain and suffering damages may be awarded for physical pain, disfigurement, disability, scarring, embarrassment, humiliation, loss of reputation, diminished quality of life, loss of enjoyment of activities, mental trauma, emotional distress, and more.

Punitive damages are not meant to benefit the injured victim. The main goal behind these damages is simply to punish the at-fault party for their actions and send a message that this type of behavior has serious consequences. For example, if a drunk driver is required to pay an additional $15,000 in punitive damages, they may be more likely to avoid getting behind the wheel after consuming alcohol in the future. The hope is also that the award will deter similar actions from other drivers who find out about the case.

Is there a cap on punitive damages?

The amount of punitive damages that can be awarded in the Commonwealth of Virginia is limited. According to Virginia Code § 8.01-38.1, the cap is currently $350,000. Therefore, a judge or jury can never require an at-fault party to pay more than $350,000 in punitive damages regardless of their horrific, reckless, or willful actions.

How do you improve your chances of recovering punitive damages?

It is common for accident victims to request an award of punitive damages to ensure that the defendant is held accountable and to prevent other people from being harmed by the defendant’s conduct. However, in Virginia, you have to successfully prove that the defendant’s conduct was so reckless, terrible, or deliberate that they completely disregarded the safety of others. If you want to seek punitive damages, you should consider hiring a Richmond personal injury lawyer to help you prove that the defendant’s behavior is grounds for an award of punitive damages. They may do this by providing the following evidence:

• Photos
• Videos
• Eyewitness statements
• Expert witness testimony
• Surveillance footage
• Driving or criminal history
• Employment records
• Traffic citations
• Social media posts
• Dashcam footage
• Police accident reports
• Cell phone records
• Drug and alcohol tests

How are punitive damages calculated?

When it comes to how punitive damages are calculated, there is no specific formula or calculation. Instead, it usually depends on how horrible, malicious, or reckless the defendant’s behavior was. Courts will not inform juries of the cap on punitive damages and allow them to come up with the number they think will deter the defendant and others from engaging in similar behavior. Once they make the award, the court will reduce the amount to meet the cap if it exceeds $350,000.

The legal team at Phelan Petty Injury Lawyers has spent years building a respectable reputation around the Richmond area. When you hire us, you can rest assured that we work tirelessly to fight for our client’s rights and the compensation they need and deserve to get their lives back on track. Obtaining punitive damages is never easy, which is why you need our personal injury attorneys in your corner, helping you collect strong and extensive evidence that shows that the defendant should be required to pay punitive damages as a form of punishment. Please call our office or submit our contact form to schedule a free case review today. Our office is based in Richmond, and we proudly serve clients throughout Virginia.