The value of your car accident claim might increase if there is cause for punitive damages. Car accident lawsuits are meant to make victims of car accidents whole again provided the accident was as a result of another person’s negligent act. The system will award you compensatory damages; meaning, you will be compensated for your injuries if your car accident lawsuit is successful. The money you get from your compensation will be used to pay for your medical bills among other damages.
However, if the person that harmed you did so in a reprehensible manner, or purposely harmed you, then you might be entitled to much more. This is because their actions go beyond the level of simple negligence. In such situations, the legal system punishes the defendant and the result is exemplary damages, also known as punitive damages. The reason for such damages is to make the defendant pay for their actions and to deter similar behavior from happening in the future.
While the defendant will be punished for their actions through punitive damages, you will get to reap the benefits. These damages will be paid to you as part of the damages. Punitive damages have the potential to significantly increase the value of your claim by millions of dollars.
Are You Entitled to Punitive Damages?
Before awarding punitive damages, the court has to determine whether the party at fault acted in a manner likely to suggest they were reckless or intentional with their behavior. Punitive damages, therefore, focus on the defendant’s behavior and have very little to do with your injuries. Below are some of the factors that the court will consider:
Defendant Acted with Malice
Your car accident lawyer needs to prove that the defendant intentionally caused you harm or that they knew their actions will injure you.
For example, if a driver knowingly took alcohol beyond the acceptable limit and caused an accident, they could be ordered to pay punitive damages because they consciously chose to engage in behavior that could injure another person.
Another example is a driver who operates a car that has a mechanical problem. For instance, the brakes might be in terrible condition and the driver knows it. This means that they are likely to cause an accident in a situation where they need to stop suddenly but the brakes aren’t working.
How Much Can You Get in Punitive Damages?
Once the court decides that the party at fault acted with malice, they have to determine how much you deserve in punitive damages. This can be done in one of two ways:
- The jury makes a decision as part of the trial
- The court holds a mini-trial
