Punitive Damage In Ohio

Punitive Damage In Ohio

Punitive Damage In Ohio 

Accidents scale from minor to major incidents where it would take television agencies to get their attention and take notice of how bad the accident, those types of severe accidents where many are dead or if few, has died the worst way possible are types that can be considered to have a big likelihood of being filed punitive damages aside from being filed compensation pay. 

Specifically, punitive damages or legally called as exemplary damages are type of damaged that is specifically assessed to punish the at-fault or the defendant for the damaged cause, most filing of punitive damage has a scene of a dreadful accident and a highly proven negligent driver who's at fault and these scenes tend to end up in punitive damages which escalate to lawsuit.   

Know more about punitive damage

In addition, punitive damages are filed and established to punish at-fault driver for extremely negligent and reckless behaviour. The government's main purpose of the integration of this law is to deter and discourage drivers who display the same behavior as the person who is punished for the punitive damages, to avoid future similar cases as that one, and for the authority to make them clear that they are not lenient to such bad driving behavior. Compensation claim and punitive damages has really different policy, wherein there is no specific calculation method to determine one's value of the case or the damage done for the punitive damage unlike compensation pay, usually, courts determine a reasonable and sound amount ratio between punitive and compensatory damage to make sure that there is left for the victim for compensation pay in form of punitive damage award, which is commonly lower than your usual compensation pay.   

Know when to know pursue your punitive damage case

Commonly, punitive are not worth it to pursue unless:

  • The at-fault driver is proven and evidently exhibited extremely negligent actions

  • In documentation, the at-fault driver shows no regard to safety to pedestrian and other road users 

  • The at-fault driver shows intention to harm others 

How the Court Determine the punitive damage to award

Aside from a strict lawsuit against the at-fault driver, the court focuses on determining punitive damage award by considering the following factors:

  • the intensity of injury done by the at-fault driver
  • tendency of the injury of harm to escalate to misconduct
  • fraud during the civil litigation to cover up misconduct and bad behavior
  • long term damages dealt by the at-fault driver such as disabilities, mental and emotional damage
  • inclusion of comparison to similar punitive damage related cases 

To sum it all up, the degree of offense of the defendant's misconduct and damage, the higher the punitive damage award is. 

Some cases of Punitive Damage Lawsuits 

  • Manufacturers or resellers sold either dangerous, failed, or expired products knowingly to consumers and has dealt injuries and damages 

  • Medical malpractice and product claims where people in charge of health and consumance promotes misleading advertises about their products and services while knowing its dangers.

Ryan LLP

If ever you were involved in a big road accident and has sustained significant injuries due to apparent deliberation of harming you people and has malicious intent, then the at-fault driver is eligible to be filed against punitive damage and you are entitled to receive punitive damage award along with other victims if there are any. Call your local lawyer to be assisted with.

Ryan LLP is an Ohio based injury lawyer that represents victims of personal injury caused by car accidents, medical malpractice due to medical professional's negligence, and even wrongful death against large companies, agencies and even individuals. We have 40 years of experience doing our service in this field and evidently successful with our civil litigations. Call our office now for free legal consultation. 

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