Punitive Damages for a Personal Injury Case

Oregon Personal Injury Law Questions and Answers

Q: What are punitive damages for a personal injury case? Can I get punitive damages in my case? 

A: Punitive damages in a personal injury case are used as a mean to punish the wrongdoer, or defendent. It is used as a supplemental form of compensation if a judge determines that other forms (such as non-economic or economic damages) are not enough. Punitive damages for a personal injury case are usually awarded in special cases, and within the state of Oregon, the plantiff sees little of such compensation.

Say you’ve been awarded punitive damages, the state will take 60% of that, and your lawyer will usually get about 20%, leaving you with only 20%. This amount can then be taxed, which in the end, may leave you with just 10-15% of the original amount. In the right case, with a proper amount of evidence to prove the need for punitive damages, such a means makes sense, but most injured people are better off seeking only “economic” or “non-economic” damages.

If you’ve just been in a collision and need to know more about the differences between these two types of damages, feel free to contact our office, or read more on the topic in our free book 7 Mistakes That Can Wreck Your oregon Accident Case.