When are punitive damages available in Pennsylvania personal injury cases?

Punitive damages are exceptional. They are intended to punish and deter misconduct, not merely compensate an injured person. Pennsylvania courts generally require evidence of outrageous conduct caused by an evil motive or reckless indifference to the rights of others; ordinary carelessness, even when it causes serious harm, is not enough.
Whether punitive damages can be pursued depends on the defendant’s state of mind and conduct, not just the size of the injury. Examples may involve conscious disregard of a known, substantial risk or intentional misconduct, but every case is fact-specific. Punitive damages may also be restricted in certain types of claims.