Punitive Damages

What is the name of your state (only U.S. law)? Indiana

If a person is sued for punitive damages and I have no resources with which to pay these damages, what happens?

A judgment is good for 20 years so the judgment holder can take there time till you do have the funds.

That's only if the judgement is AWARDED for punitive damages, which is rare. But if they are awarded, it's supposed to suck for you - that's why it's a punishment.

Punitive damages

ecmst12 said:

That's only if the judgement is AWARDED for punitive damages, which is rare. But if they are awarded, it's supposed to suck for you - that's why it's a punishment.

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What kind of situation generally warrants punitive damages? If no one was seriously injured (by that I mean no one admitted to the hospital with injuries) do the courts generally award punitive damages?

punitive damages are generally not awarded unless the courts see intentional acts that cause damages. Do not confuse punitive damages with general damages such as pain and suffering. Punitive damages are awarded to specifically punish egregious acts.

There would have to be some kind of particularly egregious negligence.

justalayman said:

punitive damages are generally not awarded unless the courts see intentional acts that cause damages. Do not confuse punitive damages with general damages such as pain and suffering. Punitive damages are awarded to specifically punish egregious acts.

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So an insurance company will cover "general damages" but not punitive? The insurance company has offered to settle with the other party but they are asking for punitive damages. The insurance company said they do not cover punitive damages.

what is the situation?

insurance companies often do not cover intentional acts. If this involves an intentional act, I'm surprised they are offering to cover anything.

Insurance CAN'T cover punitive damages, if they did it wouldn't be punishment.

Now, want to tell us what happened?

ecmst12 said:

Insurance CAN'T cover punitive damages, if they did it wouldn't be punishment.

Now, want to tell us what happened?

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My grandson was in a wreck almost two years ago. He was impaired and got arrested. No one seemed to be hurt very bad in the accident but the people he hit did go to the ER. After more than a year he got word they were suing him. The insurance company had attorney's that contacted him and got depositions. My grandson tells me that the attorney's for the insurance company told him that they had offered a settlement but she wouldn't settle and was suing for punitive damages. The insurance company told him he might have to hire his own private attorney. That is all I know.

Without the facts, there is no issue. If a theoretical opinion on punitive damages is appropriate, there are a lot of resources on-line. If different, provide the facts.

tranquility said:

Without the facts, there is no issue. If a theoretical opinion on punitive damages is appropriate, there are a lot of resources on-line. If different, provide the facts.

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Those are the only "facts" I know. Fact 1. He was in a wreck while driving impaired and hit another car. He was arrested, fined, and is on probation. Fact 2. The occupants of the other vehicle were apparently not seriously injured as no one was hospitalized. Fact 3. They are suing for punitive damages and would not settle with the insurance company for general damages only.

Most likely it will settle out of court and punitive damages will be dropped. Just a DUI usually isn't enough for them to be awarded anyway.

racer72 said:

A judgment is good for 20 years so the judgment holder can take there time till you do have the funds.

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so after 20 years the SOL is up?

No, there is no SOL for a judgement. You are getting your terms mixed up. The SOL his how long you have to file a lawsuit.