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Punitive Damages in Personal Injury Cases: When They Apply

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Punitive Damages in Personal Injury Cases: When They Apply

Punitive damages punish defendants for egregious conduct. They can dramatically increase recoveries in qualifying cases.

Punitive damages are available when defendant conduct is willful, malicious, reckless, or grossly negligent. Drunk driving, intentional misconduct, and corporate cover-ups commonly qualify.

Punitive awards can multiply the underlying compensatory damages — sometimes by 5x to 10x or more, subject to constitutional limits under State Farm v. Campbell.

Many states cap punitive damages, either as a multiple of compensatory damages or as an absolute amount.

AARC's funding decisions account for punitive damages potential where supported by case facts. Cases with strong punitive elements can support larger advances.

Talk to your attorney about whether punitive damages are realistic in your case.

Call (800) 297-3834 or apply online for a funding decision that accounts for the full damages picture.

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