People often file personal injury lawsuits in Oregon after car crashes or a serious injury caused by an outside party. Those who lose a loved one might decide to file a wrongful death lawsuit holding a person or business accountable for causing someone’s premature passing.
Such lawsuits often primarily focus on the recovery of economic losses. Plaintiffs request compensation for medical expenses, property damage costs and even lost wages. Non-economic damages are also an option in certain scenarios. Those taking a matter to court may want justice, which means more than financial compensation. It might mean consequences for the other party.
Punitive damages serve as a form of penalty after a successful lawsuit. Can those filing personal injury or wrongful death lawsuits in Oregon request punitive damages from the courts?
Punitive damages are sometimes an option
In theory, punitive damages are possible after a tragedy or serious injury in Oregon. However, they are relatively rare. The courts reserve punitive damages for particularly egregious cases. Most plaintiffs pursuing compensation in the civil courts find that their circumstances do not meet the standard required for punitive damages.
That being said, some plaintiffs do have the option of requesting punitive damages in addition to economic and non-economic losses. There needs to be clear and convincing evidence that the situation meets the necessary standard outlined in Oregon state statutes.
The plaintiffs need to prove that their situation falls into one of two categories. The first involves a defendant acting with overt maliciousness. When the intent is to break the law and cause harm to others, punitive damages may be an option. Someone who becomes the victim of a premeditated crime could theoretically request punitive damages due to the malicious conduct of the other party.
Other times, a crass indifference to the risk that behavior created for human life could warrant punitive damages. Such claims are a bit more subjective than claims of maliciousness and can be difficult for plaintiffs to prove.
That being said, repeat violations of a similar nature, inappropriate statements by the party at fault or even questionable conduct on social media could strengthen a claim for punitive damages in the Oregon civil courts. Reviewing the situation that led to a lawsuit can help people evaluate whether punitive damages could be an option in their circumstances.
Requesting punitive damages as part of a personal injury lawsuit can potentially increase the compensation received by a plaintiff and create penalties for the party at fault. When people qualify for punitive damages, obtaining them can lead to a greater sense of justice.