In addition to the actual compensatory damages (economic and noneconomic) that may be awarded to a plaintiff in an Okmulgee personal injury case, Oklahoma allows for the awarding of punitive damages in some cases.
Punitive damages are designed to punish a defendant who has displayed bad conduct, and in that way, deter them from displaying the same or similar conduct in the future. In addition, punitive damages deter others from displaying similar conduct as the defendant for fear that they too will be ordered to pay someone large sums of money in damages.
What Gives Rise to Punitive Damages in Okmulgee, Oklahoma?
Punitive damages are typically only awarded in cases where the defendant acted intentionally, or in cases of gross negligence or reckless misconduct.
For example, if you were to steer your car into another car because you were angry with the driver for cutting you off, this would be an intentional act and punitive damages might be imposed.
On the other hand, if you were to hit another car that is moving into your lane because you were not paying attention and did not notice him, this would merely be an act of negligence and most likely would not warrant punitive damages.
However, if you were drunk driving and hit someone, punitive damages might be imposed, whether your actions were intentional or not.
Furthermore, punitive damage are typically not imposed unless there is clear and convincing evidence to warrant them. In making this determination, as well as in determining how much to award, the most important factors the court will take into account are:
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How malicious the act was; and
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The extent of actual harm the plaintiff suffered as a result of the defendant’s actions.
Limits on Punitive Damages in Okmulgee, Oklahoma
On order for punitive damages to be effective as a deterrent, they must be high enough to be a major concern to the defendant or to others who might engage in the same or similar conduct. However, Oklahoma places limits on the amount of punitive damages that can be imposed in a particular personal injury case.
Punitive damages in Oklahoma personal injury cases are limited in the following ways:
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In cases of reckless disregard for the victim’s wellbeing, punitive damages are limited to $100,000 or an amount equal to the total amount of compensatory damages awarded.
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In cases where the injurious act was intentional and where the defendant’s breach of duty to behave in a responsible manner was malicious, punitive damages are limited to $500,000 or double the amount of total compensatory damages awarded.
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In cases where the defendant’s actions were intentional, malicious and life-threatening, the amount of punitive damages that can be awarded will heavily depend on the particular details of the case.
For more precise information on punitive damages in an Okmulgee personal injury case, contact an Okmulgee personal injury attorney. Only an experienced attorney can properly assess your case for compensation and estimate how much your personal injury case may be worth.
Low-cost Consultation
If you’d like to speak with an Okmulgee, Oklahoma personal injury attorney, simply call (918) 756-9600 or (888) Wirth-Law now for a confidential consultation at the Wirth Law Office – Okmulgee. Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will email or call you. Let us demonstrate why Wirth Law is the firm for you.
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