When you file a personal injury claim in Oklahoma City, you are seeking compensation for injuries you suffered because of another party’s negligence or wrongdoing. In Oklahoma, there are two broad types of damages that you could receive. The first type is compensatory damages, which are designed to compensate you for your losses and costs. The second type is punitive damages, intended to punish the wrongdoer and deter similar future behavior.
While compensatory damages are typically recovered in a successful personal injury claim, punitive damages are not. In Oklahoma, punitive damages are reserved for when a defendant’s actions are particularly egregious.
At Warhawk Legal, our Oklahoma personal injury attorneys will evaluate the facts of your accident or incident and advise whether we believe punitive damages may be appropriate in your case. We are committed to helping you secure maximum compensation for your claim and will fight to recover all possible damages. Call (405) 397-1717 or visit our contact page to schedule a free consultation to discuss your claim.
Understanding Compensatory Damages
The purpose of compensatory damages is to restore you to the position you were before the accident or incident took place. They are designed to compensate for the injuries you suffered and are divided into two categories – economic and non-economic damages.
Economic damages are easier to prove because they are more objective. They include all financial losses and expenses you incurred due to the accident and your injuries. They include current and future medical expenses, lost wages, property damage, and other tangible costs and losses.
Economic damages can be proven with bills, receipts, invoices, employment records, pay stubs, tax returns, and professional estimates. For future lost wages and medical expenses, we often consult medical and economic experts to establish and prove the costs you will likely incur and the income you will likely lose because of your injuries.
Non-economic damages are more challenging to prove because they are more subjective. However, they are often even more devastating than economic damages. They include pain and suffering, mental and emotional distress, loss of enjoyment of life, loss of consortium, scarring and disfigurement, and other intangible losses and costs.
Non-economic damages can be proven by eye-witness accounts of your suffering, photographs and video evidence of the impact your injuries have on your life, pain journals you maintain, and medical records. To help establish and accurately value your non-economic damages, we may also use expert witness testimony from mental health professionals and other medical experts.
Understanding Punitive Damages
Punitive damages are not intended to compensate you for your losses. Instead, they are designed to punish the defendant for egregious conduct and help deter similar conduct in the future.
In Oklahoma, courts rarely award punitive damages. You must prove by clear and convincing evidence that the defendant’s actions were much more than just negligent. The defendant must have acted with reckless disregard for your safety or with intentional malice toward you.
Examples of when punitive damages may be appropriate include if the defendant’s drunk driving caused your accident, or the defendant is guilty of intentional harm, fraud, or knowingly selling dangerous products.
Oklahoma law has set caps on the amount of punitive damages that may be awarded in some instances. When the defendant’s conduct was reckless, punitive damages cannot exceed $100,000 or the amount of your actual compensatory damages, whichever is greater. If the defendant acted with deliberate intent and malice, the cap is set at either $500,000, twice your actual compensatory damages, or the amount of financial benefit the defendant gained from their misconduct.
If the defendant acted with malice and intentionally endangered your life, there is no statutory cap on punitive damages. The jury may award any amount they determine is appropriate based on the circumstances.
Schedule A Free Consultation With A Warhawk Legal Personal Injury Attorney
If you have been injured in an accident or incident caused by another party’s negligent, reckless, or intentional conduct, you have the right to seek compensation for your damages. If the defendant’s conduct is particularly egregious, the jury may award punitive damages in addition to compensatory damages.
At Warhawk Legal, our Oklahoma City ruck wreck lawyers can evaluate the circumstances of your case and advise whether we believe punitive damages are available. We have the experience, skills, and resources to help you secure the full value of your compensatory damages as well as maximum punitive damages when appropriate. Let us help you.
Call (405) 397-1717 or complete the short form on our contact page to schedule a free consultation to discuss your claim.