The people affected by motor vehicle collisions sometimes need to take legal action. Some drivers don’t have insurance, and some crashes cause life-altering injuries. The more serious the collision was, the more likely the people involved are to need more compensation than they can secure through insurance coverage alone.
A personal injury lawsuit allows those harmed in a crash caused by another driver to seek compensation for their economic losses, such as lost income and medical expenses. People making the effort to take legal action may hope to optimize what they recover.
Is it also possible to request punitive damages as part of a car crash lawsuit?
There are strict rules for punitive damages
Punitive damages are different than compensatory or economic damages. They do not stem from the actual losses caused by a car crash. Instead, they serve as a form of punishment for the party at fault for the crash and a deterrent to other people who might engage in similar misconduct. Punitive damages are generally only available in limited circumstances.
Generally, plaintiffs need proof that the party at fault for the crash demonstrated malice or engaged in aggravated or egregious fraud to seek punitive damages. In other words, there needs to be some kind of proof that the driver at fault for the crash intended to cause harm to others, not that they were simply negligent at the wheel.
Impaired driving and street racing might provide an opportunity to seek such damages, but basic collisions likely would not. If the case meets the necessary legal standard, then punitive damages might be an option.
The courts can award a plaintiff up to twice the amount awarded for compensatory or economic damages. However, the state caps punitive damages at 10% of the defendant’s net worth, with a maximum possible award of $350,000 unless there are catastrophic injuries involved.
Punitive damages are not the only way for people to optimize their recovery in a car crash lawsuit. They may need to calculate future losses such as future medical expenses and lost earning potential. Determining the right amount of compensation to request after a motor vehicle collision can be challenging for those dealing with injuries and other setbacks.
Discussing the circumstances of a car crash can help people explore their options. Contact the team at Phillips & Mille Co., L.P.A. today by clicking here or calling 440-243-2800 to review compensation options related to a recent collision.
