What are punitive damages in a car accident case?

In a given car accident case, an injured party may sustain a number of damages, including general damages, special damages, and lost income. These account for all economic (financially based losses, such as medical bills, future rehabilitative care) losses, financial losses related to missed work, and losses that are non-financial in nature (such as pain, suffering, disability, disfigurement, and others) that are nonetheless very real harms and damages sustained by a victim. In a limited number of cases, an injured party may be able to recover compensation in the form of punitive damages. If a case proceeds to trial, a judge or jury may award punitive damages, and in a limited number of cases settled outside of the courts, punitive damages may be built into the general damages paid out by the liable party, most likely an insurance company.

The grounds for recovering punitive damages is a matter of case-by-case determination in many instances, but also, may be subject to state statutes and case law. In general, however, punitive damages are assessed in cases where a negligent party exhibits gross negligence or wanton recklessness, and in certain instances, criminal intent, while causing a car accident. Punitive damages often assessed, if applicable, in the following car accident scenarios:

• There was criminal intent involved in causing the car accident, such as using a vehicle as a weapon to assault or kill another individual or driver.

• The negligent driver knowingly drove with the likelihood of causing injury or death to others, often in cases involving extreme DUI with additional reckless roadway violations, such as speeding, driving on wrong side of road, and others.

• Driver was engaged in reckless or aggressive behavior, such as road rage or drag racing, prior to and during the car accident.

In essence, the determination of whether punitive damages are applicable can only be done in light of the case-specific circumstances of your car accident, when reviewed by a car accident lawyer with a comprehensive understanding of tort law in your state.