Call Toll Free : 1-888-566-8614

Punitive Damages & Lawsuit Funding

When a person wins an outcome in court the judge or jury may award punitive damages. Punitive damages also referred to as exemplary damages can be award in some legal proceedings. The purpose of awarding punitive damages to a plaintiff is to punish the defendant for intentional misconduct and gross negligence.

Over the last few years the United States Supreme Court has taken interest in punitive damage awards. While the court has provided some controls over limits and sizes of such awards they are still maintained and managed at a state level. In the United States, most states continue to allow punitive damage awards as a form of punishment to the defendant however with the pressing issues of tort reform, states are subject to change.

The structure of limitations is different for many states. For instance some states will allow a plaintiff to collect up to 3-5 times the compensatory damages, while other states limit damages based upon a dollar amount. Some states have maximum caps while others use a formula of less than or equal to a cap. These limitations can also be based upon attorney fees and litigation costs. There are also some states that do not have limitations on the amount of damages.

Punitive damages are usually based upon the standards of conduct. For instance if a person or entity is acting in a certain manner which harmed an individual or other entity, punitive damages can be awarded.

Different standards of conduct per defendant:

  • Oppressive conduct
  • Fraud
  • Malice
  • Willful and wanton disregard
  • Evil Motive
  • Reckless conduct
  • Gross negligence
  • Bad faith
  • Extreme negligent conduct which causes serious harm

In some states where the courts conclude the defendant acted in a malicious and intentional manner there is a chance the plaintiff will be awarded punitive damages.

When a person applies for lawsuit funding against damages from their lawsuit, they are seeking a cash advance against the overall case or claim. A lawsuit lender will evaluate the lawsuit and base the approval on the likelihood the plaintiff will win. It can be hard to approve a client solely based upon punitive damages because there is no guarantee you will receive punitive damages, even if you win your case. This doesn’t mean the client won’t get approved as most approvals are based upon compensatory damages.

If you have questions about the laws within your state pertaining to punitive damages, we suggest you contact your local or state bar association. The laws are always subject to change. If you are interested in receiving pre settlement funding or post settlement funding against your lawsuit, contact LawLeaf today.

We provide services throughout the United States: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and the District of Columbia D.C.

LawLeaf Answers!
  • Houston Settlement Funding Personal Injury
    I live in Houston and I’m searching for settlement funding for my personal injury lawsuit. I have contacted several different companies that provide settlement funding in Texas and I’ve been unsuccessful in getting answers from any of these companies. I...
  • Advance Settlement Cash
    Involved in a hit and run and we found the driver. The driver was riding his mothers car and my attorney is filing a lawsuit against both the insurance company and the driver. This is a very abnormal case that...
  • Pedestrian in an accident
    Hello, I was a pedestrian involved in an accident in a mall parking lot last month. I had a car turn the corner very quickly and it hit me. I am not in the best of shape and as a...
LawLeaf News!
  • Settlement Loan For Car Accidents
    When LawLeaf matches its clients for settlement loans they understand the importance of quick funding at competitive rates. LawLeaf accepts all types of personal injury cases throughout North America, however, the most common cases are those of car accidents. LawLeaf...
  • Settlement Loans for More Clients
    LawLeaf a leading online settlement loan company provides lawsuit cash advancements throughout the United States and Canada. LawLeaf announces today clients are receiving larger advancements through LawLeaf. A client in Arlington, TX receives an approval for personal injury funding against...
  • Faster Advances With LawLeaf
    If time is of an essence and you need an immediate lawsuit advance, begin by applying online with LawLeaf today. We know the importance of getting our clients lawsuit advances faster. On average our clients are receiving money within 24-48...