Punitive Damages

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Feb 2, 2025

Pike Co, AL - AL-125 Site of Major Injury Collision

When you are involved in an accident caused by another person’s negligent actions, you have the legal right to seek compensation for the physical, emotional, and financial losses you’ve experienced. Additionally, the injuries you suffer could completely alter your quality of life depending on their nature and severity. You may find yourself unable to work, collecting massive medical debt, and experiencing chronic pain, and you can pursue compensation for these damages.

Of the many types of damages you could claim after your accident, one type of damage injury victims could receive is unique: punitive damages. A punitive damage award differs from other types of financial recovery. It can be confusing to understand when and how the courts award this damage, but an Alabama personal injury lawyer can explain how your case may qualify to receive them. Here is everything you need to know about how punitive damages work in personal injury cases in Alabama.

What Are Punitive Damages?

A punitive damages award, also known as exemplary damages, is designed to punish a defendant in a personal injury case and deter them and others from committing similar actions in the future. In Alabama, these damages are – awarded in wrongful death cases, and there must be clear and convincing evidence.

This compensation can be awarded in cases where the courts have determined that the defendant engaged in deliberate actions of oppression, wantonness, fraud, or malice toward the plaintiff.

Examples of cases involving punitive damages include:

Intentional harm: A driver hitting a person with their car in anger
Reckless conduct: A driver killing someone while under the influence of alcohol or drugs
Product liability: A car dealership consciously selling a vehicle with faulty brakes, leading to an accident
Gross negligence: A caregiver who disregarded a patient’s well-being, and these actions lead to injury
Reckless endangerment leading to death: A property owner failing to restrain an aggressive dog that mauls a person to death
Fraud and deception: A business knowingly selling defective or dangerous products yet advertising them as safe
Corporate misconduct: A company firing an employee who exposes illegal or unethical activity
Breach of fiduciary duty: A corporate officer that embezzles the company’s finances, harming employees and shareholders

Punitive damages can apply to various actions that show a conscious disregard for the well-being of the injured party.

Judge, Jury, and Punitive Damages

Punitive damages are awarded through courtroom trials by the jury. The jury can decide if the plaintiff can receive punitive damages and for how much. However, these awards are subject to judicial review. The judge in the case can amend the value of the awards so they follow the standards set by the law.

Even though punitive damages can only be awarded by a jury, lawyers can demand punitive damages during mediation and negotiations. The plaintiff’s lawyers can preemptively demand the defendant pay punitive damages from the position that if the case goes to court, then the plaintiff will seek punitive damages.

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Pain and Suffering vs Punitive Damages

Punitive damages are a different type of damage for personal injury cases than pain and suffering. If a victim suffers emotional or mental pain from an accident, that person may be entitled to receive compensation for their pain and suffering.

For example, you could suffer mental anguish because your accident left you in a wheelchair, and you are unable to pick up your children or engage in certain activities. Another example could have you suffering severe pain from multiple surgeries needed to correct an injury after an accident.

Punitive damages, on the other hand, have no connection to the victim’s mental or emotional state. Instead, your lawyer would need to prove in a court of law that the defendant committed egregious conduct through a conscious and deliberate action. Depending on the details of the case, seriously injured victims may be able to receive both pain and suffering and punitive damages. A catastrophic injury lawyer can help you determine if these damages are applicable to your case.

Punitive Damages Cap for Alabama Personal Injury Cases

Punitive damages are rarely awarded in personal injury cases. Additionally, there is a limit to the amount of punitive damages the injured party can receive in Alabama pursuant to Al Code 6-11-21..

You May Only Seek Punitive Damages in Wrongful Death Lawsuits

This cap does not be applied to cases involving wrongful death. In wrongful death lawsuits in Alabama, a plaintiff will only be able to seek punitive damages. The family may not seek other types of compensation since a person died at the hands of another by legal default.

If you are a plaintiff, you may need to meet certain requirements before a court may award you this financial recovery.

Are You Eligible for Punitive Damages in Your Alabama Personal Injury Case?

If you have suffered a personal injury due to the willful or reckless actions of another, you may be able to receive punitive damages along with other compensation. To receive this award from the courts, you need a personal injury lawyer you can rely on to fight for you.

With 30 years of experience, the Law Office of Dwayne L. Brown understands the intricacies involved in these cases and can strongly represent you to receive the compensation you deserve.

We believe in clients coming first. Everything we do is about getting you the recovery you need to rebuild your life. It’s not about us. It’s about you, the client.

Call the Law Office of Dwayne L. Brown for Help Today

The legal team from the Law Office of Dwayne L. Brown works on personal injury cases on a contingency-fee basis, so there is no financial risk to you. We only get paid when you win a negotiated settlement or court award.

Call our Montogomery office for a free consultation. Our legal representatives are standing by to discuss your case today.

Posted on behalf of Dwayne L. Brown

3390 Peachtree Rd NE, Suite 1100
Atlanta, GA 30326

Phone: (404) 738-6000

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Testimonials

My family and I met Attorney Dwayne Brown after the unfortunate accident involving my niece. Attorney Brown did an exceptional job representing my family. He was the consummate professional, and treated my family with the utmost dignity and respect. As a result of his representation, my family was able to achieve a substantial settlement in our case. Although we obviously did not get our loved back, we are prayerful that we met Attorney Brown. My family would highly recommend Attorney Brown to anyone in a similar situation.

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An excellent and professional lawyer. He took on a car accident case on my behalf, worked with me from across the country, and was just as vigorous in his pursuit of justice on day 912 as he was on day 1.

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Attorney Brown represent me on a case involving a motor vehicle. Another attorney indicated they could not help and I was recommended to attorney Brown by a well-respected member of my community. Attorney Brown resolved my case to my absolute satisfaction and did an excellent job. I highly recommend his services.

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Case Results

$11,500,000
Our client’s vehicle stalled on the highway in the Atlanta metro area due to a mechanical issue. They activated their hazard signals and waited for help. A commercial 18-wheeler approached but failed to notice the stalled car and slammed into it from behind. The gas tanker overturned, spilling 9,000 gallons of fuel and igniting a fire that engulfed both vehicles. Both the truck driver and our client lost their lives. The trucking company argued that the crash was partly our client’s fault because their vehicle had stalled. We countered by showing that commercial drivers have a heightened duty of care, including knowing how to safely react when approaching a disabled vehicle, and that the truck driver failed to take those precautions. The case resolved confidentially with an $11,500,000 settlement for the victim’s family. The recovery provided critical financial support for the decedent’s two children, helping cover immediate expenses, education, and future needs through a structured settlement.
$2,650,000
Our firm represented the family of a deceased armed services veteran who was tragically killed in a tractor-trailer collision. The crash occurred because the commercial driver failed to properly use the required warning triangles to alert oncoming traffic. Early on, there was uncertainty about whether the veteran could have avoided the crash. Liability was heavily contested; the defense argued the crash might have been avoidable and not solely the truck driver’s fault. We encouraged a full investigation, analyzing speed, driving conditions, and compliance with federal trucking safety regulations. That work revealed the commercial driver had violated those regulations. By uncovering clear regulatory failures, we built a strong claim to hold the trucking company accountable. The case resolved for $2,650,000, bringing critical financial security to the veteran’s family. The recovery gave them resources to cover immediate expenses and helped create stability for the decades to come.
$1,876,000
In Chattanooga, our client, a professional truck driver, was killed in a crash caused by another truck driver who was driving far below the posted speed limit. The slow-moving truck gave no warning: no hazard lights or signals indicating it was traveling unusually slowly. Our client collided with the vehicle and, tragically, both drivers died in the crash. The defense argued that, despite the other driver’s unsafe speed, our client should have taken evasive action. Our team countered by demonstrating how the lack of hazard signals and failure to indicate the danger created an unreasonable and unexpected road hazard, directly leading to the collision. We secured a $1,876,000 settlement for our client’s family. A significant portion was structured to provide long-term stability for his surviving minor child, including funds set aside for education and a monthly allowance to help with ongoing financial needs.
$1,000,000
In Alabama, a father on his way to work was killed when a commercial driver failed to yield the right of way. The truck veered left directly into our client’s path, forcing his vehicle under the trailer. The impact caused a fire that claimed the lives of everyone inside. We represented the estate on behalf of the man’s only child, a minor left without their father. Our team investigated the accident thoroughly to confirm liability and secure maximum compensation. The case concluded with a $1,000,000 settlement, representing the full insurance limits available. These funds created crucial financial stability for the child, offering support for immediate needs and future opportunities in the absence of their father’s income.
$5,500,000
Law Office of Dwayne L. Brown in collaboration with another law firm represented the children of a pedestrian struck by a delivery vehicle while working.
$3,000,000
The Law Office of Dwayne L. Brown successfully represented a minor whose father was killed by a third-party commercial driver while working.
$3,000,000
Law Office of Dwayne L. Brown helped to facilitated the resolution of a catastrophic wreck in the State of Ohio after 2 years of litigation.
$2,100,000
The Law Office of Dwayne L. Brown successfully represented the family of a deceased victim against a neurologist who failed to conduct a CT Head examination thereby resulting in a catastrophic injury.
$1,750,000
The Law Office of Dwayne L. Brown successfully represented the family of an infant who was injured at birth by an OB/GYN who failed to conduct an emergency c-section.
$1,343,237
The Law Office of Dwayne L. Brown successfully represented a client who sustained several broken bones due to a car accident that occurred in Fulton County, Georgia.
$1,000,000
Law Office of Dwayne L. Brown successfully represented a driver who was injured when an emergency vehicle negligently impeded oncoming traffic resulting in a vehicle collision.
$550,000
The Law Office of Dwayne L. Brown successfully represented a worker who sustained a herniated disc injury while working on a commercial vehicle
$535,000
Law Office of Dwayne L. Brown successfully represented a driver who was reared ended by another vehicle and sustained a neck injury.
$500,000
Law Office of Dwayne L. Brown successfully represented an uber driver who was struck by another vehicle and sustained a knee injury.
$450,000
Law Office of Dwayne L. Brown successfully recovered on behalf of a client who sustained a concussion in an automobile collision.

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