Punitive Damages in Massachusetts: Can You Get Them?
Punitive damages are different from any other kind of Damages, in every area of the law, but particularly in personal injury cases. That’s because the goal of punitive damages is so much different than other types of damage awards.
The Goal of Punitive Damages
In civil law, and personal injury law, the goal of damages is to make a victim whole; to compensate a victim for losses or damages that the victim has suffered.
But punitive damages are different. They are intended to punish the Defendant and to some extent, to deter the behavior of others who may act the same way as the Defendant.
When we compensate a victim for losses or damages, we have some idea of what the losses are, and thus, some idea of how much compensation the victim deserves. But with punitive damages, there is no such measure—it’s just a matter of how much a Defendant should be punished. That’s why punitive damage awards can be so significant.
Limited Availability in Massachusetts
Punitive damages in Massachusetts act a little differently than they do in other states.
Punitive damages are not available in ordinary personal injury cases, where the victim is simply injured-even if it is a catastrophic injury.
They are available in wrongful death cases, where the victim has died as a result of negligence in the accident. They are also available, where a specific statute says that they can be awarded.
For example, Massachusetts law specifically says that punitive damages can be awarded in medical malpractice cases.
Unlike many other states, Massachusetts does not allow punitive damages for injuries caused by a DUI, again, unless the DUI leads to a death.
Even when punitive damages are allowed, the victim must show that the Defendant was not just negligent, but acted with total disregard for safety—almost akin to being so careless that the Defendant acted intentionally. That means that proving “just negligence” isn’t enough for a punitive damage award.
Some Injury is Required
Additionally, a victim cannot get just punitive damages—the victim must have suffered some kind of injury for which the jury awarded the victim compensation, in order to get punitive damages. The injury (the actual death) must be caused by the accident, something that many Defendants try to fight when the death could conceivably be caused by different factors.
Where punitive damages can be awarded, there is no cap or limit on the amount that can be awarded (there is a minimum amount of $5,000, although in reality, almost all punitive damage awards are more than this amount anyway). Punitive damage awards in the millions of dollars have been awarded by juries, and upheld by appellate courts on appeal.
Massachusetts is relatively alone in its punitive damage laws, as most every other state makes it much easier for victims to get punitive damages.
Whatever your damages, let us help you get compensation for your injuries, and what you are going through because of your accident. Call the Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today for help with your accident case and with your questions at 617-275-4200.
Sources:
malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section2
massbar.org/docs/default-source/publications-document-library/massachusetts-law-review/2021/mlr-v103-n1_web.pdf
