Punitive damages, also called exemplary damages in Arizona, are not awarded based on actual injuries or losses. Instead, these damages are awarded to punish defendants for their actions. Although punitive damages might not always be available, your attorney can help you claim them in a lawsuit.

If you want punitive damages from your lawsuit, you must claim them in your initial complaint. If you leave out claims for punitive damages for any reason, it may be very difficult, or even impossible, to amend the complaint to include these damages. Additionally, Arizona courts have clarified that plaintiffs seeking punitive damages must show that defendants acted with an “evil mind.” This may not be easy to prove, and you should speak to a lawyer about your case right away.

Ask our Arizona personal injury attorneys for help in a free case review by calling the Phoenix Accident and Injury Law Firm at (480) 428-0816.

Can I Claim Punitive Damages in an Arizona Personal Injury Lawsuit?

While personal injury plaintiffs may claim punitive damages in their cases, they will not be awarded these damages unless they have sufficient evidence to support them.

“Evil Mind”

One of the most important elements of proving claims for punitive damages in Arizona is the “evil mind.” In 2022, the Supreme Court of Arizona, in Swift Transportation v. Honorable Carman, held that to establish a prima facie case for punitive damages, plaintiffs must satisfy two factors.

They must establish that there is a reasonable likelihood their punitive damages claims will ultimately be submitted to the jury.

They must have proof that the defendant either intended to cause harm or was motivated by ill will, spite, or that their conduct was otherwise outrageous.

Proportionality

When claiming punitive damages, plaintiffs will find that there is no hard limit on how much compensation could be awarded. However, this does not mean that a jury can award absurdly high punitive damages awards.

Generally, there are no statutory caps on punitive or exemplary damages in Arizona. However, awards for exemplary or punitive damages must be proportional to the case. The court may reduce excessive awards.

How Do I Claim Punitive Damages?

To claim punitive damages, our Arizona personal injury lawyers must include them in the initial complaint. If we do not, it may be difficult or impossible to amend the complaint to include punitive damages later.

Additionally, punitive damages have a separate burden of proof from the rest of your case. In Arizona, and most other states, plaintiffs must prove claims for punitive damages by “clear and convincing evidence.” This is a very high burden to meet, and satisfying it will not be easy.

What Conduct May Warrant Punitive Damages in a Personal Injury Case?

It can be difficult to predict what cases may warrant punitive damages, as these damages are usually very hard to obtain. Below are some common examples of cases where punitive damages may be more likely.

Dangerously Defective Products

Punitive damages are more often awarded in injury cases involving dangerously defective products. When businesses and manufacturers produce faulty goods, unsuspecting customers may be gravely injured. Such businesses not only must be held accountable for their negligence, but courts are often keen to deter this kind of carelessness by business owners. As such, injured customers may have stronger claims for punitive damages.

Intentional Acts of Harm

Punitive or exemplary damages are far more likely in cases where the defendant intended to hurt the victim. A crucial element of claims for punitive damages is proving the defendant’s “evil mind.” This element is most easily satisfied when plaintiffs can show that the defendant meant to cause harm, and the victims’ death was not so accidental.

Spite or Ill Will

The court in Swift specifically includes the defendant’s spite or ill will as possible grounds for punitive damages. If you believe the defendant was motivated by spite to cause you harm. The conduct does not necessarily have to be shocking or outrageous to be grounds for punitive damages as long as the defendant acted with spite or ill will.

Outrageous Behavior

Even if the defendant did not mean to fatally injure the victim, punitive damages may be more likely if plaintiffs can prove that the defendant’s actions were especially shocking or outrageous. This may mean proving that the defendant’s conduct exceeds ordinary negligence. Even gross negligence might not be enough. If you believe the defendant acted in a way that shocks the conscience, talk to your lawyer about punitive damages.

FAQs About Suing for Punitive Damages in Arizona Injury Cases

What Are Punitive Damages in Arizona?

Punitive damages are awarded to punish defendants whose actions are especially heinous, shocking, or outrageous. Punitive or exemplary damages may be available in cases where a defendant’s actions go beyond ordinary negligence, and courts believe such behavior should be deterred.

How Do I Claim Punitive Damages?

Generally, plaintiffs may claim punitive damages as part of their overall case. However, plaintiffs typically do not get to decide what punitive damages are worth. Instead, they may ask for punitive damages, but their value must be determined later in court. When claiming punitive damages, we must provide some evidence showing that the facts of your case warrant such damages, such as the presence of spite, ill will, or actual malice.

Can I Get Punitive Damages in an Arizona Personal Injury Case?

Possibly. In Arizona, punitive damages in personal injury cases are authorized by common law, or law determined through the courts. You are free to claim punitive damages in your case if you and your lawyer believe they are warranted. However, punitive damages are never guaranteed. Even if you win your case, you still might not be awarded punitive damages if you cannot prove they are warranted.

How Much Money Are Punitive Damages Worth?

Punitive damages are often worth substantial compensation. Courts award these damages to punish bad behavior and deter future wrongdoing. To make sure these deterrents are effective, punitive damages are usually significant. While there are no statutory caps on punitive damages, they should be proportional to the needs of the case. The court may reduce excessive damages.

Will I Receive Punitive Damages if I Win My Arizona Injury Lawsuit?

Maybe. Even if your case is eligible for punitive damages, they are not guaranteed, even if you win the overall case. Punitive damages are proven separately from the rest of the case.

You might satisfy the burden of proof to have the defendant held liable for your injuries, but you must meet a separate burden to get punitive damages. Punitive damages are often difficult to prove, and they tend to be uncommon.

How Do I Prove My Claims for Punitive Damages in Arizona?

You must present “clear and convincing evidence” that the defendant acted with an evil mind when they caused your injuries. This means showing that the defendant acted with more than mere ordinary negligence. Intentional acts of harm, or behavior that is so grossly negligent as to be shocking, are more likely to lead to punitive damages awards.

Are Punitive Damages Always Available in Arizona Injury Cases?

Punitive damages are not always available. First, they may be unavailable if plaintiffs cannot prove that the defendant acted with an “evil mind.” Second, some parties might be immune from punitive damages. For example, plaintiffs suing governmental entities or defendants who have passed away are often not permitted to seek punitive damages.

Call Our Arizona Personal Injury Attorneys to Discuss Punitive Damages and More

Ask our Arizona personal injury attorneys for help in a free case review by calling the Phoenix Accident and Injury Law Firm at (480) 428-0816.