When people think of car accident compensation, they often think of things like medical bills, property damage, and lost wages. These are generally described as compensatory damages. But sometimes, a court may issue another type of compensation, known as punitive damages.
These damages are not intended to compensate the victim but to punish the responsible party for actions that are unusually careless or venal and to deter others from similar bad conduct. That said, understanding when punitive damages are appropriate in a car accident case will help ensure that victims can pursue the full measure of justice that the law provides for them.
Here’s what you need to know about punitive damages and whether they are possible in a car accident case.
What Are Punitive Damages?
Punitive damages are a special type of damages that can be awarded in lawsuits when the defendant’s responsibility exceeds mere negligence. These damages exist to punish particularly egregious, malicious, or intentional conduct and to communicate that such conduct will not be tolerated. Unlike compensatory damages, which are calculated based on the victim’s actual losses, punitive damages are determined based on the severity of the defendant’s misconduct.
For example, in New York, and particularly in cities like Buffalo, where traffic congestion and city driving can raise risk factors, punitive damages are very rare and are restricted to those in cases of extreme recklessness.
That means that a Buffalo car accident attorney can assess whether a case involves more than simple negligence, such as drunk driving, excessive speeding, or knowingly operating a dangerous vehicle.
While punitive damages are uncommon in most car accident cases, they may be possible when a driver shows a willful disregard for the safety of others.
When Can Punitive Damages Be Awarded in a Car Accident Case?
To be eligible for punitive damages, the plaintiff must show that the defendant’s conduct was more than negligent.
Their conduct would have to have been negligence, gross negligence, recklessness, or intentional.
This could be driving while intoxicated, driving at more than 20 miles per hour over the limit in a school zone or road rage that leads to a crash. Courts are more likely to recognize the imposition of punitive damages when the defendant’s actions could have easily been prevented and were performed with conscious disregard for harm to related individuals.
With that being said, there are no two states that have the same threshold for awarding punitive damages and not all cases make it to punitive damages. That will be for the judge or jury to decide, and they will have to weigh the nature of the conduct and the evidence of the defendant’s intent or recklessness.
How Are Punitive Damages Calculated?
There is no set formula for calculating punitive damages, but they are often determined according to the seriousness of the defendant’s actions and the need to serve as an example.
Courts can also consider the defendant’s financial status when calculating the amount so that the punishment is effective without being excessive. Some states have punitive damages limits or punitive damages caps, while others leave them at the court’s discretion.
Take Away
Punitive damages are not awarded in every car accident case, but they are essential in compensating victims in cases with this type of gross or reckless behavior. If you believe your accident was caused by more than simple negligence, it may be worth exploring whether punitive damages could be pursued.
The best way to determine whether you have a legal claim and how you should proceed is to consult with an experienced personal injury lawyer.
