Mani Ellis & Layne Accident & Injury Lawyers | March 21, 2025 | Personal Injury
When you’re hurt by someone else’s actions, you have the right to seek compensation. In most instances, you will seek payment for your personal expenses and the effect of your pain and suffering. However, if the at-fault party’s actions were particularly reckless, malicious, or even intentional, you could be eligible to receive punitive damages.
To understand whether your case might qualify if it goes to trial, let’s examine what punitive damages are, how they are litigated in West Virginia, and how your personal injury lawyer can help you petition for these damages.
What Are Punitive Damages?
Punitive damages are meant to exact a harsh toll on the defendant for harming you. Perhaps their conduct was knowingly reckless or malicious. When this happens, the court can award punitive damages to set an example for others and warn them not to engage in the same behaviors.
Under West Virginia Code §55-7-29, you and your personal injury lawyer must show how the other party met the law’s definition of “actual malice toward the plaintiff or a conscious, reckless and outrageous indifference to the health, safety and welfare of others.” For punitive damages, you must show clear and convincing evidence demonstrating the defendant’s intent to injure you.
Potential Compensatory Damages in West Virginia
Every valid personal injury claim can seek compensatory damages. These are meant to compensate or “make whole” the damage you suffered from the other person’s negligence. You can seek two main kinds of compensatory damages: economic and non-economic.
Economic damages are those with an actual monetary value, such as your medical bills and income you lost because you couldn’t work. They also include property damage, travel costs for medical treatment, and rehabilitative expenses. You can present your bills, medical records, and other receipts to support your claim for these damages.
Non-economic losses are more subjective since they address your pain and suffering. Your emotional and psychological injury is worth compensation, especially if you are left unable to work or enjoy your life as you did before you were hurt. Your attorney can help you calculate what your pain and suffering are worth.
How Do I Prove Punitive Damages in West Virginia?
For every personal injury case, you must show that it’s more likely than not that the other party hurt you. Using witness statements, police reports, photos, documents, or other material, you must show evidence of the following four elements of negligence:
- The defendant owed you a duty of care.
- The defendant failed in that duty through their actions or inactions.
- Their failure led directly to your injuries.
- You have costs associated with those injuries.
For punitive damages, you must meet a higher burden of proof by showing clear and convincing evidence that the defendant acted with actual malice and intended to injure you or that they showed reckless indifference. This means they behaved in a way that indicated they knew someone could get hurt and deliberately failed to stop that harm.
For example, suppose a person drank to excess and then drove home, hitting your vehicle and causing a permanent disability. Your attorney could argue the defendant knew that drinking and driving is dangerous yet still chose to get into their car.
West Virginia Limits Punitive Damages
West Virginia caps punitive damages at no more than four times the amount of your compensatory damage award or $500,000, whichever is greater. Suppose your compensatory damages are $200,000, and four times that equals $800,000. Therefore, you can receive $800,000 in punitive damages if the court elects to award them.
Examples of When West Virginia Might Award Punitive Damages
Again, punitive damage awards aren’t in every personal injury case. They only apply when there is very clear evidence the defendant acted with extreme recklessness or malice towards the plaintiff. Some examples of cases where the defendant’s actions may qualify include:
- On-the-Job Injuries: Employers that fail to follow workplace safety standards from the Occupational Safety and Health Administration (OSHA) could be found intentionally negligent.
- Medical Malpractice Cases: When healthcare providers are recklessly negligent or intentionally disobey safety guidelines, you could file a medical malpractice case against them.
- Unsafe property accidents: If property owners fail to repair hazards on their premises or warn the public about the danger, they could face punitive damages.
- Defective products: In a product liability case, manufacturers who intentionally produce and sell items without warning the public of the hazards may receive punitive damages.
The details vary for each case, but your personal injury attorney can advise you whether your case qualifies for a punitive damages request.
Contact the Personal Injury Law Firm of Mani Ellis & Layne Accident & Injury Lawyers for Help Today
For more information, please contact an experienced lawyer at Mani Ellis & Layne Accident & Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Columbus, OH, and Charleston, WV.
Mani Ellis & Layne Accident & Injury Lawyers – Columbus, OH Office
20 E Broad St Suite 1000, Columbus, OH 43215
(614) 587-8423
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Mani Ellis & Layne Accident & Injury Lawyers – Charleston, WV Office
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