Punitive Damages
After an accident or injury, victims often suffer many types of losses. These victims are entitled to recover damages as compensation for those losses in order to be made whole again. Punitive damages are a special type of damages available only in rare cases.
Keep reading to learn everything you need to know about punitive damages, including what they are and when they are available.
Types of Damages Available in Alaska Personal Injury Claims
There are a few different types of damages available in Alaska personal injury claims. The specific damages available to you will depend on the facts of your case and your specific losses. The damages that may be available include:
Economic Damages
Economic damages are used to compensate victims for their financial or monetary losses. These damages typically have a specific dollar value.
Some common examples of economic damages include:
- Lost wages
- Lost benefit
- Property damages
- Cost of ambulance transport
- Cost of emergency treatment
- Surgery
- Diagnostic scans, such as X-rays, CT scans, or MRIs
- Doctor follow-up visits
- Physical therapy
- Rehabilitation
- Cost of future medical care needs
Proving the value of these damages is usually quite easy and can be done by using bills, receipts, or other documentation.
Non-Economic Damages
Non-economic damages compensate accident victims for their intangible losses, such as their physical and emotional trauma. Putting a value on these losses can sometimes be a challenge because they are extremely dependent upon how your injuries have affected you and your life.
Some common examples of non-economic damages include:
- Pain and suffering
- Mental anguish
- Loss of consortium
- PTSD
- Depression
- Anxiety
- Loss of enjoyment of life
- Diminished quality of life
- Permanent scarring
- Loss of reputation
Often, victims need the help of an experienced personal injury lawyer to ensure they are getting a maximum recovery for their non-economic damages. Insurance companies often try to lowball victims by undervaluing their non-economic losses.
Punitive Damages
Punitive damages are a special class of damages not primarily used to compensate the victim for a loss. Instead, these damages are used to punish a wrongdoer’s especially egregious behavior. A judge or jury may also award punitive damages to deter similar bad behavior in the future.
These damages are only available in personal injury cases involving egregious or outrageous behavior.
When Can I Recover Punitive Damages in Alaska?
Punitive damages are not available in most personal injury claims, as they are not allowed in cases involving simple negligence.
Punitive damages are only available when the defendant’s conduct was malicious, outrageous, or showed a reckless indifference to the safety of others. This means that the defendant knew their conduct was likely to result in an injury to another person, yet they continued with their behavior anyway.
The victim typically also has the burden of proof to show the defendant’s behavior by clear and convincing evidence. Remember that this standard is higher than a preponderance of the evidence used to prove simple negligence. Under the “clear and convincing” standard, the victim must show that it is highly probable that their version of the facts is true.
A common situation in which punitive damages may be available involves intentional torts. Intentional torts involve egregious behavior because the defendant intended to cause some harm and actually caused that harm. Causing a car accident that results in injuries while driving under the influence may also be another situation that is appropriate for punitive damages.
Are There Any Caps on Punitive Damages in Alaska?
Many states, including Alaska, limit the amount of punitive damages that may be awarded in personal injury cases. In Alaska, punitive damages are generally capped at the greater of three times the compensatory damages in the case or $500,000.
These caps may be increased in some situations, depending on the specifics of the case. An award of punitive damages should be reasonable based on the actual damages in the case and the egregiousness of the defendant’s behavior.
Alaska also follows a unique “split-recovery” system for punitive damages. Under Alaska’s law, 50% of the punitive damages awarded in a case will go to the victim, while the other 50% will go to the state’s general fund. However, this does not mean that the state may join an action to recover punitive damages in a civil case.
Hire an Anchorage Personal Injury Lawyer for Help Today
If you have been hurt in an accident in Anchorage, you could be entitled to both compensatory and punitive damages to make up for your losses. Contact the experienced team at Farnsworth & Vance Personal Injury Lawyers today at (907) 290-8980 to let us evaluate your claim and determine whether punitive damages may be appropriate.
Call us now to set up a free consultation with an experienced Anchorage personal injury lawyer. We are ready to help you recover all the damages you are entitled to.
