Understanding Punitive Damages in Oklahoma
Today we’re going to discuss punitive or exemplary damages. Hi, I’m Michael S. Ashworth. I am an Oklahoma lawyer. We hear about it with these sensational verdicts worth millions and millions and millions of dollars. For example, recently in Tulsa, there was a case with punitive damages involving the death of someone at David L. Moss Correction Center.
Punitive damages in Oklahoma, well, punitive damages in Oklahoma are exactly what they sound like, punitive. My name is Michael S. Ashworth. I’m an attorney with Wirth Law Office. Punitive damages are not inferred in any case. You must specifically plead them. What does that mean?
Well, that means you file a petition, you put in the petition that you are requesting damages for usually in excess of $75,000. You don’t have to break down specifically what those are until later on in the case. But then what you do is you ask for punitive damages. Why? Well, if the conduct was so outrageous, so egregious, so malicious, so willful, so wanton that this person or company deserves to be made an example of, then you can get punitive damages. That means the juror could look them in the eye and say, what you did was wrong. We do not approve of it. So you would get your actual damages, the damages you’re able to prove for what happened to you. But then on top of that, you would get these punitive damages.
When to Consider Punitive Damages
In cases of personal injury, negligence, or any legal matter where damages are being sought, it is important to understand when and how to consider punitive damages. These damages are not automatically awarded in any case, and must be specifically plead.
As mentioned earlier, if the conduct of the defendant was particularly malicious, egregious, or willful, then punitive damages may be warranted. However, it is important to have an experienced attorney on your side to help make this determination and to navigate the legal process.
Contact an Oklahoma Attorney for Assistance
If you or a loved one has been the victim of negligence or personal injury and you believe that punitive damages may be warranted, it is important to reach out to an experienced personal injury attorney in Tulsa for assistance.
At TulsaPersonalInjuryLawyer.pro, we specialize in handling personal injury cases and can help you navigate the legal process. Contact us today to schedule a free consultation.
