Punitive damages are a special type of compensation that may be awarded in Ohio personal injury cases, but they are not available in every claim. Unlike economic and non-economic damages, which compensate victims for their losses, punitive damages are meant to punish the defendant for especially bad conduct and discourage others from doing the same thing.
In Ohio, these damages follow strict legal standards and are only awarded in cases involving extreme wrongdoing.
What Are Punitive Damages?
Punitive damages are court-ordered damages requiring a defendant to pay a victim for wrongdoing that goes beyond ordinary negligence. These damages are not tied to medical bills, lost wages, or pain and suffering. They are used to send a message that certain conduct will not be tolerated.
Ohio law allows punitive damages only when the defendant acted with malice, aggravated or egregious fraud, or intentionally harmed someone.
This is a high bar, and most personal injury cases do not qualify unless the defendant’s actions were extreme or reckless.
When Are Punitive Damages Awarded in Ohio?
Punitive damages are available only under specific conditions. To receive them, the injured party must first prove that the defendant is liable for the underlying injury.
After liability is established, the plaintiff must then show clear and convincing evidence of:
- Malice
- Intentional misconduct
- Aggravated or egregious fraud
- Conscious and flagrant disregard for the safety and rights of others
Examples of situations that might justify punitive damages include:
- A drunk driver causing a serious crash after multiple past DUIs
- A company knowingly selling a dangerous product
- A property owner covering up a hazardous condition that injured a visitor
- A trucking company forcing drivers to violate safety regulations, leading to catastrophic harm
These cases reveal more than carelessness; they demonstrate a disregard for human life and safety.
The Purpose of Punitive Damages
Punitive damages have two main goals:
- Punishment: Penalize the defendant for extreme misconduct
- Deterrence: Discourage similar reckless or intentional behavior by others
They are not automatic, and courts only award them when necessary to achieve these goals.
How Punitive Damages Differ From Compensatory Damages
Compensatory damages (economic and non-economic) focus on the victim’s losses. Punitive damages focus on the defendant’s actions.
Compensatory damages pay you back for:
- Medical bills
- Lost income
- Pain and suffering
- Property damage
Punitive damages punish:
- Reckless behavior
- Malicious or intentional actions
- Fraud
- Extreme disregard for safety
A court cannot award punitive damages unless compensatory damages are also awarded.
Ohio’s Legal Limits on Punitive Damages
Ohio law sets limits on punitive damages, including:
- Punitive damages are capped at twice compensatory damages, unless the defendant acted intentionally. Intentional torts may not be subject to the same caps.
- If the defendant is a small employer or individual, punitive damages may be capped at 10% of the defendant’s net worth, up to $350,000 per plaintiff.
- Punitive damages cannot be awarded against certain government agencies.
These caps ensure that the punishment fits within legal boundaries while still discouraging harmful behavior.
Punitive Damages and Medical Malpractice
Ohio has specific rules for medical malpractice. Punitive damages in medical malpractice cases are rare and require a strong showing of intentional wrongdoing, gross negligence, or conscious disregard for patient safety. Ordinary mistakes or poor outcomes do not qualify.
Burden of Proof in Punitive Damages Cases
Punitive damages require a higher burden of proof than standard negligence claims. While negligence usually relies on a “preponderance of the evidence,” punitive damages require clear and convincing evidence.
This stricter standard ensures punitive damages are reserved for the most serious cases.
How Comparative Fault Affects Punitive Damages
Ohio uses a modified comparative negligence rule. If the injured person is more than 50% at fault, they cannot recover any damages, compensatory or punitive.
If the plaintiff is 50% or less at fault, they may recover compensatory damages, and punitive damages may still be considered if the defendant’s conduct was extreme enough.
Filing Deadlines for Punitive Damage Claims in Ohio
Ohio’s statute of limitations for personal injury and wrongful death is two years. Punitive damage requests are part of the main injury lawsuit, so they must be filed before the deadline. Missing the filing window usually means losing the right to seek any damages.
Evidence Used to Support Punitive Damages
To prove that punitive damages are warranted, attorneys may use:
- Police reports
- Witness statements
- Video footage
- Prior complaints or violations involving the defendant
- Company records showing ignored safety rules
- Expert testimony
- Toxicology reports in cases involving alcohol or drugs
This evidence helps show the seriousness of the defendant’s conduct.
Situations Where Punitive Damages Are Common
Punitive damages are uncommon, but they are more likely in cases involving:
- Drunk driving collisions
- Hit-and-run crashes
- Extreme speeding or street racing
- Assault or intentional harm
- Major product failures where a company hid a known defect
- Nursing home abuse
- Insurance bad faith
These cases involve behavior that goes far beyond ordinary negligence.
Contact the Sandusky Personal Injury Attorneys at Wisehart Wright Trial Lawyers for Help Today
Punitive damages play a crucial role in Ohio personal injury law. They exist not to compensate victims, but to punish and deter dangerous, reckless, or malicious conduct. Because the rules are strict and the burden of proof is high, these damages apply only in the most serious cases.
If you’ve been injured by someone else’s wrongdoing, Wisehart Wright Trial Lawyers is here to help. Our Sandusky personal injury lawyers will fight to get you the compensation you deserve, including punitive damages. Contact us today at (419) 625-7770 for a free consultation.