In both Oklahoma and Arkansas, there are generally two categories of damages: compensatory and punitive. Compensatory damages are designed to compensate the injured person for things such as medical bills, lost wages, and pain and suffering. Punitive damages are different. Punitive damages are designed to punish the person or business that caused the injury. Not every injured person can seek punitive damages. Instead, punitive damages are only allowed when the at-fault person or business acted recklessly in causing the injury. For example, a person could likely seek punitive damages against a drunk driver that caused a car wreck and caused the person to be injured since driving drunk is a reckless thing to do. However, a person who is injured by another driver that pulls out in front of them is unlikely able to recover punitive damages unless the person can show that the other driver was doing something reckless (i.e., texting and driving, driving under the influence of alcohol, etc.)
If you have been injured and would like to know if you can seek punitive damages against the offending party, please contact the Oklahoma and Arkansas Attorneys at Carr and Carr Attorneys. We will provide you with a free consultation. We have offices in both Tulsa, Oklahoma City and Northwest Arkansas and can travel to any place to meet you.