How are Punitive Damages Handled in Arizona?
Arizona personal injury and wrongful death cases come with a number of damages that victims in the state have the right to sue for compensation. Emotional trauma, loss of wages if you were unable to work because of your injuries, medical expenses, and pain and suffering are all allowed. Sometimes, there exist circumstances where the individual that is responsible for an accident acted in such a way they exhibited gross negligence and you deserve compensation that is above and beyond what a normal personal injury or wrongful death case would render.
Punitive damages are an extra amount of compensation that is delivered to victims who suffered damages from individuals who behaved in an outrageous manner. When punitive damages are awarded, it is to accomplish three objectives. The first is to punish a person for their outrageous behavior and to motivate them not to engage in the same behavior in the future. These damages also help to provide compensation to victims who had to endure harm such awful behavior.
When Are Punitive Damages Awarded in Arizona?
After an accident whether it be a personal injury, a car accident, medical practice errors, or an Arizona wrongful death case, punitive damages can be awarded but they don’t come easily. In Arizona, a victim must prove that the action against them which caused their damages was done by an individual acting with an “evil mind.” What constitutes an “evil mind”? A person who can be proven to act in the following ways:
- The individual intentionally wanted to harm the victim and acted maliciously.
- The individual was aware that they were acting in a dangerous manner that would result in harm to another party and continued with the behavior anyway.
When it comes to car accidents, Arizona punitive damages may be awarded in situations where the driver of a car or truck deliberately hits another vehicle. If a driver was grossly negligent in their behavior such as driving drunk or if road rage causes a driver to use their vehicle as a weapon and charge another driver.
Punitive damages may also be available in instances of medical malpractice. When a medical professional knowingly causes you harm or was reckless when they perform a procedure on your or with the medicine they dispense you may be able to recover punitive compensation. Similarly, wrongful death cases may also have the ability to have punitive damages added to the final settlement amount. If the representative of a deceased victim can prove that they lost their life by the actions of another party who had an “evil mind” the state of Arizona may recognize their plight and award punitive damages.
Do You an Arizona Personal Injury Attorney?
When you have suffered immense harm at the hands of another party who was incredibly careless, you may be permitted to obtain punitive damages. The Arizona personal injury attorneys at ELG can answer your questions about your accident situation. The resourceful Phoenix personal injury attorneys at ELG welcome you to call and set up a free consultation at (623) 877-3600.