Will I Get More if a Wealthy Defendant is Liable?

The answer to this question is “no,” except in cases involving punitive damages.

Under the law, you are only entitled to receive the damages that you can prove are a direct result of your injuries, which also include pain and suffering.  You are not entitled to any more damages because the defendant is wealthy, or because they have insurance.

However, if the defendant is wealthy (or has insurance), there is an increased chance that you will be able to recover the full amount of your damages, either through settlement or as the result of a jury award. This is because defendants who are not well off financially (or who do not have insurance) simply may not be able to offer a sufficient payment for a settlement to take place, and they may not have the resources to pay a judgment.

In the case of a jury award for punitive damages, you are more likely to receive a higher award against a defendant (including an insurance company) that is well-off financially.  This is because a punitive damage award is designed specifically to punish outrageous or reckless conduct.  In an award of punitive damages, jurors are entitled to take into account the financial position of the defendant, and to assess an award of punitive damages accordingly.  For instance, jurors are likely to award significantly higher damages against a company that is worth $10 billion dollars than a company worth $10 million dollars, because they may feel that a higher award against the larger company is required in order to “get the attention” of the larger company so that they will change their ways.

I can explain how I will fight to get you the full compensation you deserve for your injuries or damages.  Please call me today to schedule your free, no-obligation consultation.

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1661 N. Swan Rd., Suite 138
Tucson, Arizona 85712

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