Punitive damages, sometimes known as exemplary damages, are awarded by courts to punish defendants for egregious behavior. They are difficult to obtain since you must prove the wrongdoer’s conduct was so deliberate or reckless that it reflected a conscious disregard for the safety of others. Cooper Hurley Injury Lawyers can evaluate your case and help you build a strong case for both 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.
The Purpose of Punitive Damages Under Virginia Law
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.
What Is Willful and Wanton Negligence?
According to the Supreme Court of Virginia, punitive damages may be awarded only when a defendant’s conduct constitutes willful and wanton negligence, the highest degree of negligence recognized under Virginia law. Huffman v. Love, 245 Va. 311, 427 S.E.2d 357 (1993). Virginia recognizes three levels of negligence, each involving a different degree of fault:
| 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 that 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. |
Examples of Cases Involving 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, falls asleep, and crashes into a family car.
Understanding Virginia's 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.
Calculating Punitive Damages in a Personal Injury Case
There is no standard formula for calculating punitive damages. The more egregious the behavior, the more likely a jury is to award damages. Importantly, the governing statute provides that juries deliberating on punitive damages “shall not be advised of the limitation prescribed by the damage cap. If the jury awards more than $350,000 in punitive damages, the judge will reduce it to the limit.
Punitive and Compensatory Damages Explained
| 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 expenses such as past and future medical expenses and lost wages. Non-economic damages compensate for intangible losses such as permanent injury, emotional distress, pain, suffering, and reduced quality of life. |
What You Must Prove To Recover 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.
Seven Steps To Seeking Punitive Damages After an Accident
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 party made that caused the harm.
How Punitive Damages Apply to DUI Accident Claims
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 a wrong-way highway head-on collision, would be cause for punitive damages
- Drugs like marijuana also apply to these laws
Seeking Punitive Damages From a Hit-And-Run Driver
Virginia law has recently expanded to allow victims of certain hit-and-run crashes the opportunity to seek punitive damages. This change, established through HB 1479 and effective July 1, 2026, creates an additional legal remedy for victims injured by drivers who flee the scene.
Previously, victims could pursue compensation for economic losses, including medical expenses, vehicle repairs, lost wages, and other accident-related damages. Under the updated law, when a driver leaves the scene of a crash involving personal injury or death, the court may also award punitive damages intended to punish the driver’s wrongful actions and discourage similar conduct in the future.
Is Fleeing an Accident Scene a Felony?
A felony hit-and-run occurs when a driver leaves the scene of a crash involving serious injury or death without providing the required information or assistance. These more serious offenses can be charged as felonies, allowing victims to seek punitive damages under Virginia law.
Experienced Legal Support When You Need It Most
If you or a loved one has 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 235 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
Discuss Your Personal Injury Case With Cooper Hurley Injury Lawyers Today
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 a free, no-obligation consultation, and you pay nothing unless we win your case. We have conveniently located offices throughout Virginia and Hampton Roads, including:
