Key Takeaways
- Punitive damages are awarded on top of compensatory damages to punish and deter wrongdoers.
- Punitive damages are awarded when a defendant engages in willful and wanton conduct knowing that an injury would likely result from their actions.
- Willful and wanton negligence is the highest degree of negligence in Virginia.
- The Virginia punitive damages cap is $350,000 no matter how bad the conditions.
- A skilled attorney can help you obtain maximum punitive and compensatory damages.
In most personal injury cases, plaintiffs receive compensatory damages to cover their injuries and losses. Examples of compensatory damages include economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering.
However, you may also receive punitive damages if the responsible party’s actions were particularly egregious. Punitive damages are awarded on top of compensatory damages to punish and deter defendants from committing the same or similar actions in the future.
Read on to learn more about punitive damages in Virginia and how Cooper Hurley Injury Lawyers can help you with your lawsuit. Our legal team is ready to address your questions and concerns during your free consultation.
What Are Punitive Damages in Virginia?
In Virginia, punitive damages are awarded to punish and deter defendants who engage in egregious or otherwise reprehensible conduct. Though rarer than compensatory damages which are only designed to “make the plaintiff whole,” punitive damages can significantly raise the value of your claim.
Willful and Wanton Negligence
According to the Supreme Court of Virginia, punitive damages can only be awarded if the wrongdoer has committed willful and wanton negligence, the highest degree of negligence in the state. Huffman v. Love, 245 Va. 311, 427 S.E.2d 357 (1993). Here is a breakdown of all three types of negligence:
| Negligence (also known as simple or ordinary negligence) | Gross Negligence | Willful and Wanton Negligence | |
| Degree | Simple negligence is the lowest degree of negligence. | Gross negligence is higher than negligence but lower than willful and wanton negligence. | Willful and wanton negligence is the highest degree of negligence. |
| Definition | The failure to use the degree of care a reasonable person would in the same situation. | Negligence that displays utter indifference and disregard for the safety of others. | Negligent actions undertaken with malice or conscious disregard for the safety of others. |
| Evidence Required | To show negligence, plaintiffs must prove four elements:
| Refers to such negligence as would shock fair-minded people. Gross negligence is “the absence of slight diligence or the want of even scant care.” The legal standard for gross negligence in Virginia is one of indifference, not inadequacy. Therefore, a claim for gross negligence must fail when the evidence shows that the defendant exercised some degree of care. Gross negligence does not require the plaintiff to prove that the defendant knew or should have expected the consequences of their actions. | Willful and wanton negligence requires showing that, from their knowledge of existing circumstances and conditions, the defendant understood that injury to another would probably result from their conduct. However, there is no need to establish ill will or intentional harm. |
| Degree | |
| Negligence (also known as simple or ordinary negligence) | Simple negligence is the lowest degree of negligence. |
| Gross Negligence | Gross negligence is higher than negligence but lower than willful and wanton negligence. |
| Willful and Wanton Negligence | Willful and wanton negligence is the highest degree of negligence. |
| Definition | |
| Negligence (also known as simple or ordinary negligence) | The failure to use the degree of care a reasonable person would in the same situation. |
| Gross Negligence | Negligence that displays utter indifference and disregard for the safety of others. |
| Willful and Wanton Negligence | Negligent actions undertaken with malice or conscious disregard for the safety of others. |
| Evidence Required | |
| Negligence (also known as simple or ordinary negligence) | To show negligence, plaintiffs must prove four elements:
|
| Gross Negligence | Refers to such negligence as would shock fair-minded people. Gross negligence is “the absence of slight diligence or the want of even scant care.” The legal standard for gross negligence in Virginia is one of indifference, not inadequacy. Therefore, a claim for gross negligence must fail when the evidence shows that the defendant exercised some degree of care. Gross negligence does not require the plaintiff to prove that the defendant knew or should have expected the consequences of their actions. |
| Willful and Wanton Negligence | Willful and wanton negligence requires showing that, from their knowledge of existing circumstances and conditions, the defendant understood that injury to another would probably result from their conduct. However, there is no need to establish ill will or intentional harm. |
Examples of Willful and Wanton Negligence
The following scenarios may rise to the level of willful and wanton negligence:
- A landlord knowingly disables the smoke detectors in a rental property despite knowing it puts tenants at risk and a fire burns a child.
- A driver engages in a high-speed race on a residential street, taking no precautions and ignoring traffic signs, striking a pedestrian in a crosswalk.
- A commercial truck driver violates hours of service rules falling asleep and wrecking into a family car.
Virginia Cap On Punitive Damages
Many states limit the amount of punitive damages a court may award. Under Virginia law, “in no event shall the total amount awarded for punitive damages exceed $350,000.” Even if the jury gives $10 million in punitive damages, the judge will reduce it to $350,000.
How Are Punitive Damages Calculated?
There is no standard formula for calculating punitive damages. The more egregious the behavior, the more a jury is likely to award. Importantly, the governing statute provides that juries deliberating on punitive damages “shall not be advised of the limitation prescribed” the damage cap. If the jury awards a value higher than $350,000 for punitive damages, the judge will adjust it downward to the limit.
Punitive vs. Compensatory Damages
Here is a table explaining the differences between punitive and compensatory damages.
| Punitive Damages | Compensatory Damages | |
| Compensation Cap | $350,000.00 | No limit. |
| Purpose | Punish and deter reckless behavior that shows an utter disregard for the well-being of others. | Compensate the victim for economic and non-economic damages. |
| Taxable | Yes. According to the Internal Revenue Service, punitive damages should be reported as “Other Income.” | Not normally. Again, according to the IRS, “if you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.” |
| Types | No subtypes. | Economic and non-economic damages. Economic damages compensate for things like past and future medical fees and lost wages. Non-economic damages compensate for intangible losses like permanent injury, emotional distress, pain, suffering, and lowered quality of life. |
| Compensation Cap | |
| Punitive Damages | $350,000.00 |
| Compensatory Damages | No limit. |
| Purpose | |
| Punitive Damages | Punish and deter reckless behavior that shows an utter disregard for the well-being of others. |
| Compensatory Damages | Compensate the victim for economic and non-economic damages. |
| Taxable | |
| Punitive Damages | Yes. According to the Internal Revenue Service, punitive damages should be reported as “Other Income.” |
| Compensatory Damages | Not normally. Again, according to the IRS, “if you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.” |
| Types | |
| Punitive Damages | No subtypes. |
| Compensatory Damages | Economic and non-economic damages. Economic damages compensate for things like past and future medical fees and lost wages. Non-economic damages compensate for intangible losses like permanent injury, emotional distress, pain, suffering, and lowered quality of life. |
What Are the Requirements for Punitive Damages?
Getting an award of punitive damages in Virginia can be challenging. You must prove that the defendant’s conduct was so reckless or deliberate that it showed a conscious disregard for the safety of others. A lawyer can prove this by gathering evidence for your case, such as:
- Photos and videos of the accident scene
- Eyewitness accounts of the accident
- Medical records of the victim
- Expert opinions about cause and accident reconstruction
- Police reports and videos
Surveillance footage - Cell phone records for distracted driving
- Vehicle maintenance and repair records
- Social media posts related to the accident
- Employment documents
- Blood alcohol test data on the defendant
- Corporate documents about safety
Talk to an experienced personal injury lawyer to determine if punitive damages are possible given the facts in your case. Our personal injury lawyers will conduct an independent investigation and thoroughly analyze all available evidence to evaluate the compensation you are likely entitled to.
How to Pursue Punitive Damages
Though sparingly awarded by courts, punitive damages can maximize the compensation you and your family receive through a personal injury lawsuit. Follow these steps to pursue punitive damages:
- Consult with an attorney – It’s essential to consult with an experienced personal injury attorney who can assess your case and help you determine whether pursuing punitive damages is appropriate based on the facts and circumstances.
- Establish the defendant’s misconduct – To seek punitive damages, you need to show that the defendant’s behavior showed willful and wanton disregard for the safety of others.
- Gather evidence – Collect all relevant evidence that supports your claim for punitive damages.
- Consult with experts – In some cases, expert witnesses may be necessary to testify about the defendant’s conduct and its extreme nature. For example, accident reconstruction experts or industry professionals can provide valuable insights.
- File a lawsuit – If pursuing punitive damages is appropriate, your attorney will file a personal injury lawsuit against the defendant, including a claim for punitive damages.
- Present your case – During the litigation process, your attorney will develop and present the evidence of the defendant’s misconduct and argue for punitive damages during trial.
- Jury determination – In some cases, the decision to award punitive damages is made by a jury. Your attorney will need to convince the judge and jury that such damages are warranted based on the evidence and the law.
Even if the at-fault party’s acts may not rise to the level of punitive damages in Virginia, the worse the negligence the more money a jury will award. We will show the jury how many bad choices the at-fault part made that caused the harm.
Punitive Damages in DUI Cases
Punitive damages are also available in cases when the at-fault party was driving under the influence of alcohol or drugs.
- Statutory rule of automative punitive damages if 0.15 BAC or greater or refusal of test (VA Code § 8.01-44.5)
- Common law alcohol plus extreme driving like wrong way highway head-on collision would be cause for punitive damages
- Drugs like marijuana also apply to these laws
Why Let Us Handle Your Personal Injury Lawsuit?
If you or a loved one have been hurt in an accident, Cooper Hurley Injury Lawyers has the skills and resources needed to handle even the most complex personal injury cases against the most difficult corporate defendants. Let us fight for you.
Our skilled legal team has over 120 years of combined experience and can help you pursue both punitive and compensatory damages. We have a strong track record of success in obtaining high-value settlements and verdicts for our clients, including:
- $7 million for a motorcycle accident victim
- $6.5 million for a car accident victim
- $5.8 million for a client who suffered a traumatic brain injury
- $2.5 million for car accident victim in Norfolk, Virginia
Contact Cooper Hurley Injury Lawyers to Discuss Your Personal Injury Case
Call the Car Crash Experts! We will make sure you know your full legal rights and options. Reach out by calling (757) 333-3333 or filling out our online contact form. We offer free, no-obligation consultation and you pay nothing unless we win your case. We have conveniently located offices throughout Virginia and Hampton Roads, including in:
