When pursuing a personal injury case, most people focus on compensatory damages—those meant to cover tangible losses like medical bills, lost wages, and pain and suffering. However, some cases involve another type of damages, which are known as punitive damages. In Ohio, these damages serve a distinct purpose and follow specific legal guidelines. Here’s what you need to know about punitive damages in Ohio and how they could impact your case.
What Are Punitive Damages?
Punitive damages, sometimes called “exemplary damages,” are not meant to compensate the victim directly. Instead, they aim to punish the at-fault party for particularly egregious behavior and deter similar actions in the future. Unlike compensatory damages, which reimburse tangible and intangible losses, punitive damages are awarded when the responsible party’s actions demonstrate malice, fraud, or extreme recklessness.
Ohio’s Punitive Damages Statute
Under Ohio law, punitive damages are governed by specific statutes, including Ohio Revised Code § 2315.21. To qualify for punitive damages, the plaintiff must prove that the defendant acted with:
- Malice: Intentional conduct or a conscious disregard for the rights and safety of others.
- Fraud: Deliberate deception intended to cause harm or gain an unfair advantage.
Additionally, punitive damages can only be awarded if compensatory damages are granted first. This means that if a case does not result in compensation for actual losses, punitive damages will not apply.
Is There a Cap on Punitive Damages in Ohio?
Yes, Ohio imposes strict limits on punitive damages to prevent excessive awards. According to Ohio law:
- Punitive damages are capped at two times the amount of compensatory damages.
- In cases involving small businesses or individuals, punitive damages cannot exceed 10% of their net worth, with a maximum of $350,000.
However, there are exceptions. For example, no cap applies to cases involving intentional harm or certain criminal acts, such as assault or fraud. An experienced personal injury attorney can help determine how these caps might affect your case.
When Are Punitive Damages Awarded?
Punitive damages are not common and are reserved for cases where the defendant’s actions are deemed particularly harmful or egregious. Some examples include:
- Car Accidents: If a driver causes a crash from extremely negligent behavior, such as driving under the influence, punitive damages may apply.
- Defective Products: Cases involving manufacturers who knowingly sell dangerous or defective products.
- Intentional Harm: Assault or other acts intended to cause physical or emotional injury.
How Are Punitive Damages Proven?
Punitive damages require clear and convincing evidence of the defendant’s wrongdoing. This is a higher standard of proof than the “preponderance of the evidence” required for compensatory damages. Supporting evidence might include:
- Documentation of reckless or malicious actions.
- Witness testimony or expert analysis.
- Proof of prior knowledge of risks or harm.
Why You Need an Experienced Attorney
Pursuing punitive damages requires a thorough understanding of Ohio’s laws and a strong strategy to prove malice, fraud, or recklessness. Insurance companies and defendants often fight punitive damage claims aggressively, so having an experienced attorney by your side is essential.
At Tittle & Perlmuter, our team has the expertise to navigate complex cases and advocate for maximum compensation, including punitive damages. Whether you’re dealing with a car accident, medical malpractice, or personal injury case, we’re here to help.
Learn More
If you’d like to learn more about punitive damages or other aspects of personal injury law, contact us today for a free consultation.
