How to Get Punitive Damages Without Suing

Punitive damages punish the defendant or wrong-doer for an act they should have been able to prevent. When an accident or wrong happens, and the one at fault takes full responsibility for their actions, you can negotiate a monetary award, including punitive damages, without filing a lawsuit.

Instructions

Difficulty: Moderate

1. Document everything. When an accident or wrong occurs to you and you receive injury or property damage, it's important to write down who, what, when, where, why and how. Include in your documentation any money you pay out for repairs or treatment, mileage driven, time off from work and time spent dealing with the injury or damage.
2. Hire an attorney. While you can deal with the wrong-doer personally, it's best to have a trained professional help you through the process. To proceed with your claims without suing, an attorney will be your contact and go-to person, and the other parties will take you more seriously because you have an attorney representing your cause.
3. Remain cooperative. The other party's attorney or representative may want to interview you as to your claims. These requests should go through your attorney and he will inform you as to whether it's in your best interest to meet with the other side.
4. Be realistic. You're going to receive compensation for your out-of-pocket expenses (time off from work, gas mileage and treatment or repair costs). Your demand for punitive damages to punish the wrong-doer must be within reason and not excessive. Your attorney can provide past claim history awards for punitive damages to begin your negotiations.
5. Settle your claims when you feel you're receiving a just award of punitive damages. Your attorney will give you guidance as to when you're getting a good offer toward settlement. While the decision is ultimately yours to make, listening to your trained professional can aid in that decision making.

Tips & Warnings

• If you hire an attorney, his contract may state that he will receive a certain percentage of your punitive damage award. Know before hiring your attorney how much he will receive.