Punitive damages, also known as exemplary damages, are awarded in a civil lawsuit to punish the defendant for intentional or egregious misconduct and to deter others from engaging in similar behavior. In most car accidents, victims may be entitled to be paid for their medical expenses, lost wages from work, pain and suffering, and lost or damaged personal property (like their vehicle). Punitive damages, though, is an added form of compensation that may be awarded in a personal injury trial by the judge and jury if they find it appropriate. Read on and find out more.
Punitive Damages Circumstances
In the context of a car accident, punitive damages may be considered under certain circumstances. The below categories can often signal a need for punitive damages, but they are not a guarantee.
- Gross negligence: If the at-fault driver's actions were deemed to be extremely reckless or showed a complete disregard for the safety of others, punitive damages might be considered. This could include behaviors like driving under the influence of alcohol or drugs, excessive speeding, or street racing.
- Intentional misconduct: If the at-fault driver intentionally caused the accident or engaged in deliberate acts that resulted in harm, punitive damages might be considered. For example, if the driver purposely rammed another vehicle out of anger or road rage, punitive damages could be warranted.
- Willful disregard for safety: If the at-fault driver had knowledge of a serious safety issue with their vehicle or ignored known mechanical problems that ultimately led to the accident, punitive damages might be considered. This would apply if the driver continued to operate the vehicle despite being aware of the potential risks and consequences.
- Repeat offenses: If the at-fault driver has a history of similar misconduct, such as multiple previous DUI convictions, and their behavior led to the accident, punitive damages might be considered. This would highlight a pattern of disregard for the law and the safety of others.
It's important to note that the availability and criteria for punitive damages vary by location. The circumstances that warrant punitive damages and the specific limits placed on such damages can be influenced by local laws and court precedents. Therefore, it is essential to consult a legal professional familiar with the laws in your specific jurisdiction for accurate and up-to-date information. Your case is probably worth pursuing even if punitive damages don't apply. Speak to a personal injury lawyer and find out more.
