Skip to main content
(404) 738-6000

What to Know About Punitive Damages in Alabama Personal Injury Cases

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

Accidents can occur at any time, leading to the need for a victim to seek legal recourse in order to recover financial losses. Injuries can completely alter the quality of a person’s life. You can find yourself unable to work or experiencing pain and suffering. One type of compensation an individual can receive is punitive damages. This award can differ from other types of financial recovery like payment for medical bills or property damage. It can be confusing to understand when and how this compensation can be awarded with a personal injury case. Here is everything you need to know about how punitive damages work in personal injury cases in Alabama.

What are Punitive Damages?

Punitive damages are designed to punish a defendant in a personal injury case and deter the person from similar actions in the future. These damages are typically awarded in wrongful death cases and there must be clear and convincing evidence. This compensation can be awarded in cases where the defendant is determined to have engaged in deliberate actions of oppression, wantonness, fraud or malice toward the plaintiff.

Examples of cases involving punitive damages include a driver who hit a person with a car in anger or a car dealership consciously selling a vehicle with faulty brakes leading to an accident. Punitive damages can also apply to a caregiver who disregarded a patient’s well-being and these actions lead to injury.

Pain and Suffering vs Punitive Damages

Punitive damages are a different type of compensation for personal injury cases than pain and suffering. If a victim suffers emotional or mental pain from an accident, the person may be entitled to pain and suffering compensation. You could have 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 be severe pain from multiple surgeries required after an accident.

Punitive damages have no connection with any mental or emotional damages of a victim. Gross negligence through a conscious and deliberate action would need to be proven by your lawyer in a court of law. Depending on the details of the case, an individual may be able to receive both types of compensation. A personal injury lawyer can help you determine if these damages are applicable to your case.

Punitive Damages Cap for Alabama Personal Injury Cases

This type of compensation is unusual in personal injury cases and there is a limit to the amount of punitive damages a person can receive in Alabama. According to Alabama law, a person may only receive less than three times the compensatory damages or up to $500,000, whichever is greater. Other factors may need to be considered in a court’s decision before being awarded this compensation. This cap may not be applied to cases involving wrongful death. In wrongful death lawsuits in Alabama, a plaintiff may only be able to seek punitive damages and not 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 recovery from the courts, you need an experienced personal injury lawyer you can rely on to fight for you. With over 20 years of experience, attorney Dwayne L. Brown understands the intricacies involved in these cases and can strongly represent you to receive the compensation you deserve. Request an appointment for a consultation to discuss your case today.

Posted on Behalf of Law Office of Dwayne L. Brown

Disclaimer: Our staff at the Law Office of Dwayne L. Brown have worked hard to become valued members of the Georgia business community. We write accident news stories with the intent and purpose of bringing awareness to the dangers of driving in our community with hopes that our fellow community members will use added precautions when operating a motor vehicle and avoid being seriously injured in an Alabama accident. This post is not intended to be a solicitation for business. The information provided in this post is not meant to be legal advice or medical advice. The picture used in this post is not representative of the accident described in this post.

Free lawyer consultation

The Law Office of Dwayne L. Brown would love to speak with you about your case. Please fill out the form and someone will be with you soon.





    The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    I have read the disclaimer. (required)

    Atlanta Personal Injury Lawyer

    Address
    3390 Peachtree Rd NE, Suite 1100
    Atlanta, GA 30326
    Phone
    (404) 738-6000
    Fax
    678-623-8900

    Montgomery Personal Injury Lawyer

    Address
    2740 Zelda Road, Suite 500
    Montgomery, AL 36106
    Phone
    334-277-3757
    Fax
    334-277-3613
    https://dlblawfirm.com/wp-content/uploads/2018/10/logo.png

    Our Client Reviews

    Law Office of Dwayne L. Brown
    4.9 / 5.0

    Based on 16 reviews

    Rafiq A.

    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.

    Michael L.

    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.

    Nikia S.

    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.

    Keitron G.

    Attorney Brown is simply the best! Very communicative, hard working and he puts his clients first. I'm a stickler when it comes to customer service and I got nothing but first class service!

    Gabby H.

    They were very good with helping with my case, they made sure I was well updated on everything involving my case and they are very nice people.

    Ryan R.

    I know Dwayne personally and have worked with him many times professionally. You won't find a more ethical, hardworking lawyer. He truly cares about his clients' welfare and getting them back on their feet, moving forward empowered.