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How to Know If Punitive Damage is a Possibility for Your TBI Case

Punitive damages are a form of financial compensation that is awarded to a victim in addition to compensatory damages. They are meant to punish the defendant and deter other would-be wrongdoers from committing similar offenses. In the United States, punitive damages are typically limited to two times the number of compensatory damages, or $2 million per plaintiff, whichever is greater. To get compensated for punitive damages, you need personal injury cases such as assault and battery, product liability, and medical malpractice. Punitive damage awards are not available for defamation cases or breach of contract claims

Punitive Damages in TBI Case

Punitive damages are awarded to punish the defendant for their wrongful conduct. Compensatory damages, on the other hand, are awarded to compensate the plaintiff for losses sustained due to the defendant’s wrongful conduct.

Punitive damages can be awarded in a Traumatic Brain Injury case. The plaintiff in a TBI case can argue that the defendant acted with malice or reckless disregard for the plaintiff’s safety. Punitive damages are not mandatory, only discretionary, and will be awarded when punitive damages are appropriate. The severity of the injury determines legal damages in Traumatic Brain Injury cases. The three categories of TBI cases are mild, moderate, and severe.

A mild TBI is typically characterized by a loss of consciousness for less than 30 minutes and post-traumatic amnesia lasting less than 24 hours. A moderate TBI case has a loss of consciousness for at least 30 minutes or post-traumatic amnesia lasting more than 24 hours. A severe TBI case is characterized by a loss of consciousness for more than 30 minutes or post-traumatic amnesia lasting more than one day.

If we look at the damages that are taken care of in a TBI case involve:

  • Loss of future income
  • Medical bills
  • Vehicle/property damage
  • Pain and suffering
  • Disability
  • Death

These are the economic and non-economic damages, and they can be charged under Punitive damages. So, if an individual goes through any of this, they are eligible to file for punitive damages. All they need to do is find a lawyer specializing in a field like this.

How to file For Punitive Damages

Punitive damages are not awarded in every case, but they can be awarded in cases of intentional wrongdoing or reckless disregard for the safety of others. If you

To file for punitive damages, one must meet the following criteria:

  • The plaintiff must have a valid cause of action
  • The plaintiff must have suffered actual damage that is provable
  • The defendant’s conduct was intentional or reckless
  • Record of defendant’s reckless behavior in past

If the plaintiff can prove all this, there is a high chance they can get the case in their favor. Their attorney needs to ensure that all criteria are fulfilled.


The plaintiff can easily get an idea if Punitive damage is a possibility in their TBI case by going over the specifics, looking into the defendant’s record, and proving their intent in court. Once they have all the proof, they can easily sue the defendant for punitive damages.

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