When you’ve been injured in a car accident, talking to a lawyer might not be the first thing on your mind. Instead, you might be focused more on immediate concerns like tending to your injuries, going to doctors’ appointments, or attending physical therapy.
However, it might be easy to overlook the financial part of recovery. Many people file a car accident claim against the other driver to help recover some or all of these bills.
In some extraordinary cases, victims may seek additional punitive damages to help deter other drivers from making the same mistakes. Read on to learn how people have sought punitive damages in a car accident claim and how lawyers have helped.
What Are Punitive Damages?
In most personal injury cases, victims can file claims for compensatory damages. The goal of compensatory damages is simply to reimburse the victim for the money they have lost due to the accident (covering expenses like medical bills and lost wages).
Sometimes, compensatory damages are not an adequate punishment for the party at fault. In cases where the defendant has engaged in particularly egregious behavior, such as recklessness or intentional harm, punitive damages may be awarded to make people think twice about engaging in such behaviors.
Can You Get Punitive Damages in a Car Accident Claim?
In most car accident cases, plaintiffs don’t seek punitive damages. In cases where plaintiffs do seek punitive damages, the damages are only awarded about 5% or more of the time. The reason is often because the plaintiff must thoroughly prove that the defendant’s behavior was reprehensible enough that punitive damages are necessary.
Some scenarios that might warrant punitive damages include the following:
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- Driving Under the Influence (DUI): The at-fault driver was intoxicated at the time of the accident.
- Reckless Driving: The at-fault driver was driving hazardously over the speed limit, was displaying road rage, or was racing other vehicles.
- Intentional Misconduct: The at-fault driver intentionally acted to harm the plaintiff and cause the accident.
- Repeat Offenders: The at-fault driver has been punished before and displays a pattern of unsafe and reckless driving behavior.
- Gross Negligence: The at-fault driver demonstrates a complete disregard for others’ safety while driving.
Is It Difficult To Get Punitive Damages in a Car Accident Claim?
Plaintiffs seeking punitive damages face a very high burden of proof. Essentially, you must prove beyond a doubt that the at-fault driver was behaving recklessly enough to deserve punitive damages. Since the damages can often be quite high, typically, there must be no question as to whether they are warranted.
Some states put limits on the amount of punitive damages that can be awarded. In these cases, it is often a multiple of the compensatory damages. For example, in Pennsylvania, there is a cap on medical malpractice punitive damages (can’t be more than 200% of the compensatory damages), but not for car accident cases.
Proving gross negligence and intentional misconduct can also be quite difficult, as it is hard to establish a duty of care or prove the defendant’s intentions behind their actions.
Even if the damages are awarded, most insurance policies do not cover punitive damages (this can also vary by state). The ability to collect the damages is generally limited to the defendant’s personal assets. If they don’t have enough assets to meet the value of the damages, there’s not much that can be done.
How a Lawyer Can Help
Seeking punitive damages is not something that can be done on a whim. A person’s chances of securing damages are better when working with experienced legal representatives. When looking for representation, like car accident lawyers in Allentown, check a firm’s track record and client testimonials.
There is no substitute for experience, and this is especially true when navigating the complexities of seeking punitive damages. An experienced attorney can help you collect the necessary evidence, such as eyewitness accounts and expert opinions. They can also help you navigate state laws, ensuring you ask for the appropriate amount of damages.
Wrapping Things Up
Car accidents can be overwhelming, and their effects can last long after the accident itself. Many victims seek compensatory damages to help them pay for their road to recovery. In some cases, the actions of the at-fault driver are so egregious that the court may award punitive damages to keep them from repeating their behavior.
Securing punitive damages can be difficult. Plaintiffs must definitively prove that the at-fault driver’s behavior warrants the damages, and the bar is much higher than for compensatory damages. Because of this, working with a lawyer who is familiar with punitive damages and has a history of success is essential if you’re seeking extra damages.
Sources:
What Are Punitive Damages? Purpose, Cap, Calculation, and Example | Investopedia
punitive damages | Cornell Legal Information Institute
State Laws and Liability Reforms | American Medical Association (AMA)
