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Punitive Damage Questions

Punitive damages are given in civil actions to punish and deter defendants from acting in a reprehensible manner that originally began the lawsuit. Punitive damages are not awarded to compensate the plaintiff. However, the plaintiff usually receives all or part of the punitive damages. Some jurisdictions don't recognize punitive damages, making it hard for some court systems to enforce them. Below are just a few of the many punitive damage questions that have been answered by Experts.

Is there a statue of limitations for punitive damages in case where subject was found guilty and is incarcerated and is there an attorney that will take the case and get payment when case is won? The man molested my daughters. He had no money and nothing was done then about punitive damages. Now he is about to get at least $35,000.00 for his share of my home that sold.

The statute of limitations is as follows:

- 7 years after the age of majority (any time before your 25th birthday),
- 4 years after you leave the dependency of the abuser (even if you are older than 25), or
- 4 years from the time of your discovery of both the injury and the causal relationship between the injury and the abuse.
It may be possible for your daughters to file suit against the man. The lawsuit should be filed by your daughters, for your daughters (not for you to sue the man for money he owes you). Regardless of whether you think he owes you money, if you owe him, you will have to pay that money. If he owes restitution to your daughters, they can ask for a judgment to attach a lien on the money that you pay him. This may happen in a manner that your daughters could collect the money before it ever reaches the man.

Generally, people have trouble finding an attorney who will work on a contingency basis on cases such as this. You may realize how hard it is to find someone who will do it. The reason for this is it is just too hard to collect on a judgment if the person who is supposed to pay doesn't have the money to pay. You should attempt to find an attorney who will work on contingency, you may get lucky and find one.

I am being sued for punitive damages due to my now ex-wife getting into an accident and driving under the influence (dui). My insurance company says I need representation due to the fact they don't cover punitive damages. The truck and insurance was in our name, can they come after me too?

Generally, a plaintiff will usually list numerous people as defendants. This is normal due to the usual inconsistent information at the time of the suit. This is done to protect the plaintiff's right to sue. For example, if you had given your ex-wife the keys to your car while knowing she was highly intoxicated, there may be a possibility that the plaintiff could have a case against you for negligent entrustment of a vehicle. However, if they don't list you as a defendant, they wouldn't be able to attach the blame to you, however slight that chance is.

Just because your name is on the list of defendants doesn't mean you are guilty or responsible for anything. This is more than likely going to end up with another person being found responsible.

Can a person sue for punitive damages on a case that was won through arbitration?

Generally, a punitive damage claim would have been ended, settled or eliminated if the arbitration was used as an exclusive remedy to any claim. However, if the arbitration was an advisory session and not a binding agreement, the arbitration claim can be thrown out and you could continue to the next level of court or administration. Usually, any suits that are filed after a binding arbitration agreement are usually not accepted.

Can I sue my partner for domestic violence for punitive damages? What if I didn't press charges but a police report is filed? (The incidents are within 2 years) Can I still press charges on past incidents?

Normally a person can press charges. The person would also be able to sue for actual damages such as pain and suffering and punitive damages. You may want to hire a personal injury attorney to assist you with the punitive damages. Typically, a person would look for an attorney would work on a contingency fee. This means if you win your case, the attorney would receive 1/3 of the recovery. While there isn't any specific guarantee that you would win your case, it appears that you would stand a good chance if you can prove that you suffered personal damages from the domestic violence. A personal injury lawyer would be able to give a better idea of your chances once they review your case.

Punitive damages are awarded in an attempt to deter a defendant from acting in the same manner in another situation. Punitive damages are more of a punishment for the defendant for engaging in inappropriate behavior. If you are in a situation that may involve punitive damages, you should ask an Expert for insight on a solution for you individual situation.

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Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Punitive Damages Questions

  • I am not sure what to do in regard to a civil matter. I have

    I am not sure what to do in regard to a civil matter. I have asked several questions a couple of weeks ago, all of which Lucy answered very satisfactorily. Long story short, I lent some money to a neighbour of mine who I thought I knew, my own fault, I knew she had money coming in when she came up short for rent a couple of month ago. Anyway, she did a 180 on me, I have nicely asked for it back, sent her notes, called her, to no avail. Instead I am accused of harassing her on a regular bases, which is a complete lie. On two occassions she has called out the lawenforcement late at night, claiming that I am driving after her in the parking lot purposefully HITTING HER with my car, and then I take off. Yes, there is mental issues. The Police saw no injuries, no report was made, however, the manager of the apartments here is not happy hearing of the police prescence, and, for unknown reasons, chooses to not fully believe me, or does not care. Perhaps it is easier to get rid of me, evict me, than it is dealing with a mentally unstable person, having to evict her. I know he does not need a reason to evict anybody, with proper notice, however, I am convinced that my neighbours mission is to get me evicted, her malicious plots have escalated, I am going to seek a restraining order tomorrow against her and her son, her partner in crime. Last weekend I was again accused of hitting her with my car; assault with a deadly weapon(!), as well as, burglarizing her apartment, stealing all her jewelery, and, after my sordid crime spree, leaving a crack (!) pipe behind. None of these allegations were substantiated or believed at all by the police. But, they told me to make sure I get that restraining order ASAP because, she absolutely is capable of "planting" something on me. No doubt. How awful, horrible thought, I will be the first in line filing papers at the court house in am. My question is; in addition to the incriminating actions against me, the maliciousness of false police report, assassination of my character, and, very tangible threats of physical violence by her son, getting evicted doesn't sound very bad at all...... But, after reading through the rental agreement, the section explaining the rights of all tenants to enjoy "Crime Free Housing", and, any single violation of this provision will terminate a rental lease, criminal conviction is not neccessary. Sounds logical to me. Now, the police officers told me that I should not try and convince my manager of my innocense any more, rather I need to bypass him and contact the Property Managers/owners directly. I understand their reasoning, I am definitely not my managers favorite, however I have been a renter in good standing for 4 years, and even though I know he will despise me if I go over his head, talk to upper management, but I might avoid eviction........ If I go and speak to him directly; I must tell him that I finally had to call the police today after my neighbours son continued to harrass ME, calling me, threatening me with violence for harrassing his mother, all done by texts and phone messages by the son. I finally had enough and called the police, and I am glad I did. I was so tired of it.

    But, I stand an overwhelming risk of being thrown under the bus by my manager, yet I am really struggling with the thought of not approaching him first, then I throw him under the bus..... Is it naive of me to think that if I tell him the truth, he will see the light, and only the right people will be thrown under the bus???? Or, am I just being not very realistic about the situation?????

  • I was fired from my job last tuesday and did not get my final

    I was fired from my job last tuesday and did not get my final check that day. This was what I call a premedatated firing also because they knew in advance they were going to do it that day. I received my paycheck the following day by fedx around 5 pm and they dated the check for the day I was fired. When I opened my check it was missing days owed to me. After being in contact with them they finally paid the other 5 days due but not until Friday. I believe the law states that if they do not pay me that day I should go after triple damages and if so I believe I should.
  • Help ... I've had bed bugs in my apartment complex for over

    Help ... I've had bed bugs in my apartment complex for over a YEAR and my landlord s extremely complacent about this situation. What are my options. I have tried contacting an attorney but so far all the attorneys seem to want to represent the landlord. I and my wife are in misery and this note is really like a message in a bottle. We feel were being held hostage. My phone number is ***-***-****...Please HELP
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