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What Are Punitive Damages in a Lawsuit? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

What Are Punitive Damages in a Lawsuit?

During a personal injury or civil lawsuit, the person filing the lawsuit typically seeks damages against the person they are suing. Compensatory damages cover losses such as medical bills from the person who was injured, lost income from work, or pain and suffering.  Punitive damages in a lawsuit can be rewarded to the plaintiff in addition to compensatory damages, but they are only rewarded if the defendant’s actions were exceptionally bad. 

Compensation From Personal Injury Cases

It is hard to say exactly how an individual who was injured would be compensated. No two cases are the same, and several factors go into determining the value of a claim. The extent of your injuries, medical expenses, and other damages are all taken into consideration when deciding how much your claim is worth. It is possible that you could recover compensation for:    

  • Medical Treatment
  • Lost Wages
  • Pain and Suffering
  • Emotional Distress
  • Loss of Enjoyment of Life
  • Property Loss
  • Punitive Damages

What Are Punitive Damages in a Lawsuit? 

The purpose of punitive damages in a lawsuit is to punish the individual as well as prevent them from doing something similar in the future. Punitive damages are separate from compensatory damages, as compensatory damages compensate the injured individual for their injuries and any financial losses they have incurred. 

The only difference between punitive damages and compensatory damages is that punitive damages are given when the individual who caused the victim harm was intentional, malicious, violent, or reckless. 

When Are Punitive Damages Awarded in New Jersey?

Punitive damages are typically rewarded when the defendant’s actions were intended, or the defendant acted with no regard for anyone else’s safety. Some scenarios of when punitive damages are awarded include:

  • Fraud
  • Intentional and specific intent to cause harm 
  • Malice was shown
  • Willful misconduct
  • If the defendant was under the influence of drugs or alcohol

When filing a personal injury claim, it’s important to note that you will have to specifically request to be awarded punitive damages. The jury will decide whether or not punitive damages should be granted based on the severity of the situation that occurred. Every case is unique, so the likelihood of obtaining punitive damages will depend on many different legal factors.

Proving Punitive Damages 

The plaintiff must show clear and convincing evidence that the defendant acted with clear and intentional malice or reckless disregard that caused the plaintiff harm. Here are a few factors that the judges will consider when deciding whether to grant punitive damages:

  • The likelihood that serious harm was going to occur from the defendant’s actions
  • Whether the defendant was aware that his or her actions were going to put the plaintiff in harm’s way
  • The duration of the situation
  • If the defendant tried to hide his or her actions
  • The financial status of the defendant and the capability to pay punitive damages

Since there is a requirement on the ability to be able to pay the punitive damages, oftentimes they are only imposed on corporations or wealthy individuals. Insurance companies could also have to pay punitive damages.

Contact Our New Jersey Personal Injury Attorneys Today

Whether you’ve been injured at work, in an automobile accident, or due to medical malpractice – you deserve justice and fair compensation for your injuries. Since 1997, the personal injury attorneys of Gold, Albanese & Barletti have established a legacy of justice for their clients. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.

Our firm is licensed and admitted to municipal, state, federal, and appellate courts, including the U.S. Supreme Court. Since 1997, we have helped thousands of clients and established a track record of success across a wide array of legal practice areas. Contact us today to speak with our professional attorneys. 

Reckless Driving Or Manufacturer Fault? Rollover Motor Vehicle Accidents Explained | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Reckless Driving Or Manufacturer Fault? Rollover Motor Vehicle Accidents Explained

Although auto manufacturer designs are more stable than ever, rollover accidents still cause hundreds of serious injuries and fatalities each year.  At The Law Offices of Gold, Albanese & Barletti, LLC, our attorneys help those who have been injured or have lost a loved one in a rollover crash recover maximum compensation for their damages.

Common Rollover Accident Causes

Rollover accidents are much more common for SUVs, pickup trucks and large passenger vans than for cars. According to the NHSTA, 47 percent of SUV drivers and passengers killed in crashes in 2016 were in vehicles that rolled over. SUVs, pickups and vans are taller than cars and have greater ground clearance, which causes their center of gravity to be higher in relation to the width of the vehicle. More passengers and cargo can raise the center of gravity even more.

Reckless Driving

Because top-heavy motor vehicles generally do not handle rapid maneuvering very well, taking turns at high speeds and driving recklessly can easily cause fatal accidents when you’re behind the wheel of an SUV or a truck. Failing to pay attention and swerving into a soft shoulder, curb or bump in the road can cause “tripping,” which means that one of your vehicle’s tires strikes something that causes it to pitch forward or sideways and roll over. If you are driving recklessly or carelessly, it’s easy to get into any type of motor vehicle accident, but almost 95 percent of all rollover accidents happen this way.

Driving responsibly and playing it safe on the road prevent motor vehicle accidents and save lives. Regardless of the type of vehicle you’re driving, reckless, careless and distracted driving can cause serious injury or death. If your negligence hurts or kills someone, you may be civilly and criminally liable for their damages, which can change your life in the blink of an eye.

Manufacturing And Design Defects

Manufacturing and design defects can also cause rollover crashes. Defective tires, poor suspension and faulty brakes are just a few defects that may lead to a rollover accident. When a vehicle rolls over, the roof is often crushed, causing serious injury or death to occupants. If a vehicle’s manufacturer has not equipped the SUV or truck with proper safety features, such as a rollover bar, or a flawed design created a weakened roof, multiple parties may be liable for any injuries or death caused by these defects. Flawed designs in tires can cause tread belt separations and blowouts at high speeds, which are also a common cause of motor vehicle accidents.

Investigating Rollover Accidents

If you’ve been injured or lost a loved one in a rollover accident, it’s important to seek the counsel of an experienced product liability attorney even if you think no one was at fault. Legal teams often enlist the help of reconstruction specialists, who are trained specifically to reconstruct motor vehicle accidents. By measuring and examining skid marks, gouges, points of impact and other evidence, they can recreate the course of events leading up to and during the crash. This valuable information can be pivotal in determining fault and ascertaining whether an accident was caused by a defect in the vehicle. If a manufacturing or design defect caused your motor vehicle accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering and other damages.