Punitive Damages-what are they?
Most people have heard of punitive damages in accident and injury cases, but these damages are often misunderstood. Under Indiana law, personal injury victims can generally seek two types of damages. The first and most common type of damages sought are known as compensatory damages. The second and rarely obtained type of damages are punitive damages. The two types of damages are different in that they are used to accomplish different ends.
Compensatory damages are available to “compensate” an accident victim. Compensatory damages usually seek money to pay for accident victim's medical expenses, lost wages and other out of pocket expenditures. They are also used to compensate the victim for his or her physical and emotional pain, suffering, injuries and the effect the injuries have had on the victim's life.
Punitive damages are different than compensatory damages in that they are not intended to compensate the victim, they are intended to "punish" the person who caused the injuries. Because these damages are used for punishment, they are able to be obtained only when the wrongdoers conduct is so bad that the law deems it necessary to assess damages to prevent them from acting in the same manner in the future. Therefore, under Indiana law, in order to justify the assessment of punitive damages, the defendant must have been more than simply negligent, he must generally have acted with reckless indifference to the safety of others. While there can be many circumstances in which punitive damages are sought, in accident cases they are usually sought when the defendant operated a motor vehicle under the influence of drugs or alcohol.
