Posted on Wednesday, May 15th, 2024 at 6:03 pm
If someone else’s negligence or intentional actions cause you harm, you can seek damages through a personal injury lawsuit. Oklahoma law allows plaintiffs to recover two main types of damages: compensatory and punitive. Understanding the critical differences between compensatory vs punitive damages is essential if you are considering legal action.
What Are Compensatory Damages?
What is the difference between compensatory vs punitive damages? Compensatory damages aim to compensate the plaintiff for their losses due to the defendant’s conduct. The goal is to financially make the victim “whole” again, to the extent possible. Compensatory damages fall into two main categories: general damages and special damages. General damages, also known as non-economic damages, compensate for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
Special damages cover quantifiable monetary losses such as medical expenses, property damage, loss of income, and other out-of-pocket expenses directly resulting from the defendant’s actions. What are some examples of compensatory damages?
Economic (Monetary) Damages
Economic damages have a specific dollar value attached to them. They include:
- Medical bills (past and future)
- Lost wages
- Reduced earning capacity
- Property damage
- Out-of-pocket expenses related to the injury
Economic damages are calculated based on the plaintiff’s actual monetary losses. Medical bills, pay stubs, property repair estimates, and other documentation help prove the amount of compensatory damages.
Non-Economic Damages
Non-economic damages do not have an inherent monetary value. They include more subjective losses and emotional damages such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (damage to relationships)
- Scarring and disfigurement
Putting a dollar figure on these damages is more challenging. Factors considered include the severity of the physical injury, type of medical treatment received, length of recovery, and impact on quality of life of the injured party.
What Are Punitive Damages?
What is the difference between compensatory vs punitive damages? While compensatory damages focus on the plaintiff’s losses, punitive damages aim to punish the defendant for their misconduct and deter similar behavior in the future. The purpose of punitive damages goes beyond merely compensating the victim and serve as a punishment for the defendant’s wrongdoings. In some instances, punitive damages are awarded in addition to compensatory damages. They are given when the defendant’s behavior is particularly egregious, malicious, or reckless.
The amount of punitive damages awarded often depends on factors such as the severity of the misconduct, the defendant’s financial status, and the need to send a strong message of deterrence to both the defendant and others in similar situations. However, punitive damages are not awarded in every case. They are typically reserved for situations where compensatory damages alone are insufficient to address the harm caused by the defendant’s actions. They are intended:
- To punish the defendant for especially bad behavior
- To deter the defendant and others from similar misconduct in the future
Courts rarely award punitive damages. Instead, they reserve them for situations where the defendant’s actions are particularly egregious or reckless. The plaintiff must prove, with clear and convincing evidence, that the defendant acted with reckless disregard for the rights of others or intentionally and with malice.
What are some examples of punitive damages? Examples of conduct that might warrant punitive damages include:
- Drunk driving accidents
- Aggravated assault and battery
- Sexual assault or abuse
- Nursing home abuse and neglect
- Knowingly selling defective or dangerous products
- Fraud
Caps on Punitive Damages in Oklahoma
Oklahoma law places certain limits on punitive damages based on the circumstances of the injury as follows:
- If the jury finds that the defendant acted with egregious recklessness, Oklahoma law caps punitive damages at the greater of $100,000 or the value of actual damages awarded in a personal injury lawsuit. An example of recklessness might be a driver who was drinking heavily before getting behind the wheel and subsequently slammed into a family car while running a red light.
- If the jury finds that the defendant acted deliberately and with malice toward the victim, Oklahoma caps punitive damages at the greater of $500,000, twice the value of actual damages, or the financial benefit the defendant derived from their actions. For example, this cap would apply when a defendant intentionally assaulted and injured the victim.
- If the jury finds that the defendant acted with malice and intentionally put the victim’s life at risk, the jury may award any reasonable amount they believe is fair, regardless of the aforementioned limitations. This is the highest bar to clear.
Critically, you need to inform the jury about this cap. The judge will reduce the amount if required after the verdict.
Factors Affecting Punitive Damages
Oklahoma juries will consider factors like the following when determining how much to award in punitive damages:
- Severity of Misconduct: The more egregious or malicious the defendant’s conduct, the higher the potential punitive damages. This aims to punish particularly harmful behavior.
- Intent of the Defendant: If the defendant acted with intent to cause harm or with a reckless disregard for the consequences of their actions, the jury is likelier to award more punitive damages.
- Duration of Misconduct: Continuous or repeated misconduct over a prolonged period can result in higher punitive damages as it reflects a sustained disregard for the rights and safety of others.
- Harm Caused to the Plaintiff: While punitive damages are not primarily compensatory, the extent and nature of the harm suffered by the plaintiff can influence the jury’s decision on the amount, particularly if the harm is severe or irreversible.
Getting Help from a Personal Injury Lawyer
If someone else’s negligence or misconduct has injured you or a loved one, you may be entitled to receive compensatory and punitive damages. These cases are complex, and insurance companies will fight hard to avoid responsibility.
An experienced Oklahoma personal injury attorney can help you understand your rights and build a strong case for maximum compensation. At Abel Law Firm, our compassionate attorneys have recovered millions in damages for our clients. We offer free consultations so that you can get answers to your questions with no risk or obligation.
Get the legal help you deserve by contacting Abel Law Firm now at (405) 239-7046 to consult with an experienced personal injury lawyer about your case. Our team is dedicated to advocating for your rights and helping you achieve the justice you deserve. Whether you’ve suffered from medical malpractice, a workplace accident, or any other personal injury case, we’re here to support you every step of the way. Don’t handle the legal process alone—let our law firm fight for your rights and pursue the compensation you deserve.
