The Most Common Car Accident Injuries in Ohio & How to Recover
Posted in: Car Accidents
KNR Legal Blog
Punitive damages in Ohio car accident cases are designed to punish at-fault drivers for particularly egregious behavior and to deter similar conduct in the future.
Unlike compensatory damages, which cover medical bills, lost wages, and pain and suffering, punitive damages do not directly compensate the victim but serve as a penalty to the wrongdoer. While obtaining punitive damages after a car accident can be challenging, it is possible under certain circumstances.
If you or a loved one have been hurt in a car accident, reach out to the Ohio car accident lawyers at Kisling, Nestico & Redick. Let us discuss how much your case is worth, and if you are eligible to recover punitive damages. Contact Kisling, Nestico & Redick at 1-800-HURT-NOW today for a free, no-obligation consultation.
Punitive damages are a type of monetary award that might be awarded when a driver does something egregious that results in an injury-causing incident. The at-fault driver’s actions must rise above simple negligence, which is failing to do what a reasonable person would do in a similar situation. Typically, punitive damages are only awarded when someone was malicious, intentional, or grossly negligent.
Some examples of situations where punitive damages might be awarded in car accidents include:
Although these are only a few examples, the court may not award punitive damages in all of these situations. You should talk to an attorney to find out if punitive damages are an option in your case.
In Ohio, punitive damages are not awarded until compensatory damages have been determined. This means that the plaintiff must first receive compensation for economic and non-economic losses before punitive damages are considered. The process typically involves a bifurcated trial, where the first phase addresses compensatory damages, and if awarded, the second phase considers punitive damages.
To be eligible for punitive damages, the plaintiff must provide clear and convincing evidence that the defendant’s actions demonstrated malice or aggravated or egregious fraud. This higher standard of proof underscores the punitive nature of these damages, distinguishing them from compensatory damages, which require a preponderance of the evidence.
Ohio law imposes specific caps on punitive damages to ensure they remain proportionate to the harm caused:
General Cap: Punitive damages cannot exceed two times the amount of compensatory damages awarded. For instance, if compensatory damages total $100,000, punitive damages are capped at $200,000.
Absolute Maximum: Regardless of the compensatory award, punitive damages are capped at $350,000. This means that even if two times the compensatory damages exceed $350,000, the punitive award cannot surpass this limit.
Small Employers or Individuals: When the defendant is a small business or an individual, punitive damages are limited to the lesser of two times the compensatory damages or 10% of the defendant’s net worth, up to a maximum of $350,000.
Punitive damages serve as a societal deterrent against particularly reckless or malicious behavior on the road. If you believe your car accident in Ohio resulted from such conduct, it’s essential to consult with knowledgeable personal injury attorneys who can assess the viability of pursuing punitive damages in your case.
At Kisling, Nestico & Redick, we have extensive experience handling complex car accident cases and can guide you through the legal process to maximize your potential recovery. Our team will thoroughly investigate the circumstances of your accident, gather necessary evidence, and advocate on your behalf to hold the responsible parties accountable.
With multiple offices across Ohio, KNR has represented thousands of victims, and we know how to help. Contact Kisling, Nestico & Redick to discuss your claim for damages. Call 1-800-HURT-NOW for a free, no-risk consultation.