Standard of Proof for Punitive Damages in Virginia

Punitive damages in Virginia are awarded by either a judge or jury in a car accident case if the defendant acted with “willful and wanton negligence.” These damages can be awarded under common law, but they have alternatively been codified by Virginia statute for auto accidents. Under the statute, the evidence must prove that “ the defendant acted with malice toward the plaintiff or the defendant's conduct was so willful or wanton as to show conscious disregard for the rights of others.”

Punitive damages are meant to punish wrongdoers for outrageous or extreme acts. The statute explicitly mentions intoxicated drivers and that a blood alcohol content of 0.15 or more at the time of the accident is sufficient to show a willful or wanton disregard for others. In addition, the evidence must show that the defendant knew or should have known that his ability to drive was impaired by alcohol and that the intoxication was the proximate cause of both the accident and the plaintiff's injuries.

Calculating Punitive Damages

The purpose of punitive damages is not to compensate the victim for injuries sustained but to punish the defendant and send a message to the community to deter conduct similar to the defendant's behavior.  Under Virginia law, all auto insurance policies include coverage for punitive damages.

There is no rule or formula for the court's award of punitive damages, and the amount of any award will be determined by a judge or jury, which may consider the economic status of the defendant.  However, in all cases, there is a cap on punitive damages of $350,000 under the statute. Even if a jury decides to award more than $350,000 in punitive damages, the court will reduce the sum to conform to the statute.

How a Personal Injury Attorney Can Help You

The standard for proving punitive damages is high. The experienced personal injury attorneys at Ackerman & Falcon can help you determine whether punitive damages apply to your case. Call us today at 703-288-1400 for a free consultation about the specifics of your personal injury, or contact us online.