In a civil lawsuit, the one goal is to receive compensation for the pain and damage caused by someone else. This type of Punitive Damage Issue in Virginia typically happens following a car accident, workplace incident or dog bite. Basically, any type of personal injury could be a cause for a lawsuit where punitive damages are requested.
These types of cases are not tried as a way to reward or pay off the victim or their family. They were actually developed as a method of discouraging careless behavior and compensating the expenses of the victim. They got their start in court proceedings during the late 1700s and caught on very quickly.
Winning a case of a Punitive Damage Issue in Virginia is typically only going to be possible when the plaintiff in the case has a lawyer who is experienced in this type of case. Since the range of personal injury cases can be quite large, many attorneys and the law firms they work for will choose to only represent certain clients in these types of cases.
The majority of these incidents should be discussed with an attorney almost immediately following the accident. This is to make it easy for the attorney to gather the information they need before evidence is lost. However, if criminal charges are made in relation to this event, the attorney will often wait for an outcome before they begin this lawsuit.
Since the attitude and conduct of the defendant may have contributed to the accident, they are often used as a determining factor for the personal injury case. This information will often be discussed in a criminal case and can make it easier for the victim to get the outcome they need.
It is important to realize that even if a defendant is not found guilty in the criminal courts, there is still a very good chance the plaintiff will win their case for punitive damages since the standards for guilt are much lower in a civil case.
If you are wondering whether your recent accident or injury is worthy of a civil lawsuit, contact Richard A. Dulaney. Schedule an appointment for a free evaluation regarding your case to see if there is any reason to pursue filing a lawsuit.