Often times personal injury cases have settlements or awards that are given to the plaintiff, after there have been findings of wrongdoing by the defendant. However, there can additional punishments that are handed down towards the defendant if they plaintiff can provide convincing and clear evidence of neglect or malice by the defendant.
Punitive damages are rare in the state of Massachusetts but can still be applied if the plaintiff has strong evidence.The plaintiff would need to prove “malicious, willful, wanton or reckless conduct… or gross negligence” by the defendant in the case of a personal injury or a wrongful death.
Punitive damages can also be applied in employment discrimination cases as well. If an employer is found to be discriminatory towards their employee, the court can award punitive damages to punish the employer for their discrimination.
Personal Injury Lawyer
It is important to work with an experienced attorney that has experience in dealing with a potential personal injury lawsuit or even an employment litigation case. If you have any questions about what potential punitive damages you can receive in your particular case, we have the team here to help. At Swartz & Swartz, P.C., we have a team of attorneys and professionals dedicated to personal injury and employment litigation cases. We work closely with some of the most knowledgeable and renowned experts in the country, and have a proven track record of successful recoveries on behalf of victims of negligence and discrimination.
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