Car accidents can be stressful and disruptive situations, leading to injuries, car repairs, and lost income. It is important for victims to fight back and bring the at-fault party under the strong arm of the law. One way of doing this is by filing a car accident claim. The purpose of this claim is to help the victim get their life back on track by offering compensation for all the losses and damages they have suffered.
Compensatory damages aim to replace the loss. Punitive damage takes it a step further. As someone seeking compensation for your car accident, do you want to know about punitive damages in detail? Then read the write-up below!
Table of Contents
Compensatory or Punitive damage: What should I seek?
Compensatory damage reimburses for accident-related expenses like medical bills, lost wages, and car repairs.
Punitive damages are used to punish the at-fault driver for their outrageous conduct and deter others from repeating the behavior. Punitive damages are not awarded in a typical car accident case.
When Does Punitive Damage Apply?
Below are some scenarios where victims can seek punitive damages.
- Reckless driving: This could happen in situations where the accident was caused by excessive speeding.
- Driving under the influence of alcohol or drugs: Operating a vehicle under the influence of drugs or alcohol can have disastrous results. This is considered a gross violation of duty of care and is a valid case for punitive damages to be awarded.
- Hit-and-run accidents: Hit-and-run cases can be serious offenses that leave victims with severe injuries if left unattended. Hence, the victim can seek punitive damages in this situation.
Consult an Attorney
A decision to pursue punitive damage is complex. An experienced lawyer should assess your case, gather evidence of the at-fault driver’s conduct, and advise on the likelihood of success. A lawyer can help you navigate the case process and ensure that you receive fair compensation for your injuries.
Factors That a Court Considers in Reviewing Punitive Damages
The following considerations are of primary importance when a court reviews a request for punitive damage:
- The degree to which the actions of the defendant were negligent, malicious, or intentional.
- The number of similar actions where punitive damages were awarded in the past.
More on Punitive Damages
Many surveys have concluded that punitive damages are awarded in roughly 5% of cases.
Punitive damages are taxable under the ‘other income’ category. In certain cases, some exceptions can be made.
Remember that punitive damages are not awarded in most cases. Hence, one should focus on getting compensation for medical bills, other losses, etc.
Additionally, one should also consider acquiring help from a professional attorney. If the circumstances in your case suggest punitive damages as the best solution, taking help from a lawyer might be the best course of action.
It is also important to remember that punitive damages are only awarded in court. So, if you agree to an out-of-court settlement, you will not be able to seek punitive damages.
Conclusion
To wrap it up, punitive damages in car accident cases are a strong factor reserved for specific situations. So whether it is a case of intoxication or dangerous driving, the legal bar is high when it comes to awarding punitive damages.
If you have been injured in a car accident, focus on getting the medical attention you need and recovering the financial losses through compensatory damages.
Additionally, consult a personal injury lawyer to explore the possibility of punitive damages. A professional can guide you through the legal process and ensure that you receive justice. They will present all the details of the case in a convincing manner.
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