Punitive damages for personal injury in Oklahoma are sometimes available to our clients. As in every other state, Oklahoma’s civil court system provides individuals with a mechanism for recourse when harmed by the negligent, reckless, and intentional conduct of others. If you live in Oklahoma and have been wrongfully injured, you have the right to seek compensation for your injuries. Kania Law Office is experienced in handling all types of personal injury cases. A personal injury lawsuit allows you to seek damages for the harm caused by another person’s wrongful conduct. Damages are just one necessary element of a personal injury claim.

The most common type of damages in a personal injury case or a car accident case are compensatory damages, which have the purpose of compensating a plaintiff for the injuries caused by the defendant’s wrongful act. However, an injured person may seek punitive damages in legal actions that do not arise from a contract in some circumstances. The court awards these damages not to compensate the plaintiff but to punish the defendant for especially egregious conduct.

Awarding Punitive Damages in Tulsa Personal Injury

In addition to any actual damages awarded, punitive damages may be awarded in any lawsuit where the breach of conduct does not arise from a contract. A jury may award punitive damages to punish and make an example of the defendant based upon the following factors:

1. The seriousness of the hazard to the public arising from the defendant’s misconduct

2. The profitability of the misconduct to the defendant

3. The duration of the misconduct and any concealment of the misconduct

4. The degree of the defendant’s awareness of the hazard and the degree of the excessiveness of the hazard

5. The attitude and conduct of the defendant upon discovery of the misconduct or hazard

6. In the case of a defendant that is a corporation or other artificial entity, the number and level of employees involved in causing or concealing the misconduct

7. The financial condition of the defendant

If The Defendant’s Conduct Is Reckless

In a separate proceeding conducted after the jury has made a finding and awarded actual damages, a jury may award punitive damages in a case where the jury finds by clear and convincing evidence that:

1. The defendant has been guilty of reckless disregard for the rights of others, or
2. An insurer has recklessly disregarded its duty to deal fairly and act in good faith with its insured.

Punitive Damages If Conduct Is Reckless

There is a ceiling on the amount of punitive damages that may be awarded in a case involving reckless conduct in Oklahoma including some truck accidents cases. This amount may not exceed the greater of:

•  $100,000, or
• The amount of the actual damages awarded.

If The Persons Conduct Is Intentional

In a separate proceeding conducted after the jury has made a finding and awarded actual damages, a jury may award punitive damages in a case where the jury finds by clear and convincing evidence that:

1. The defendant has acted intentionally and with malice towards others; or
2. An insurer has intentionally and with malice breached its duty to deal fairly and act in good faith with its insured.

Punitive Damages If Conduct Is Intentional

There is a ceiling on the amount of punitive damages that may be awarded in a case involving Intentional conduct in Oklahoma. This amount may not exceed the greater of:

• $500,000, or
• Twice the amount of actual damages awarded, or
• The increased financial benefit derived by the defendant or insurer as a direct result of the conduct causing the injury to the plaintiff and other persons or entities.

If The Negligence Is Intentional And Life-Threatening

In a separate proceeding conducted after the jury has made a finding and awarded actual damages, the jury may award punitive damages in any amount the jury deems appropriate, without regard to the limitations set forth by Oklahoma law.

The jury may award punitive damages where it finds by clear and convincing evidence that:

1. The defendant has acted intentionally and with malice towards others
2. An insurer has intentionally and with malice breached its duty to deal fairly and act in good faith with its insured
3. The court finds, on the record and out of the jury’s presence, that there is evidence beyond a reasonable doubt that the defendant or insurer acted intentionally and with malice and engaged in conduct life-threatening to humans.

Punitive Damages If Conduct Is Intentional And Life-Threatening

In determining the amount, the jury makes any punitive damages award based on the seven factors discussed above.

Tulsa Oklahoma Personal Injury Attorneys

You may be awarded punitive damages in some cases. If a defendant engages in reckless or intentional conduct egregious enough to merit punishment. It can be used an example to others, reminding them that they should not engage in such conduct. The Tulsa personal injury attorneys at Kania Law Office are experienced and knowledgeable in personal injury cases involving punitive damages. For more information about how our Oklahoma lawyers can help you call (918) 743-2233  or contact us online.