There are two common ways that people cover car crash expenses. Insurance coverage is an important source of compensation for those involved in collisions. It is also possible to take legal action against other people or businesses that are responsible for injuring a person or causing their death.
Car crashes can lead to either personal injury or wrongful death lawsuits when there isn’t enough insurance to cover expenses or the party at fault doesn’t have sufficient insurance coverage. Many times, people focus on economic damages when thinking about a car crash lawsuit.
Plaintiffs in a car crash lawsuit can request compensation for medical expenses, lost wages and other direct financial harm. However, people can also sometimes request punitive damages. Is seeking punitive damages an option after a major car crash?
How punitive damages work
Punitive damages are different from economic damages. They do not have a basis in the financial consequences of a crash. Instead, they exist primarily as a way to punish the party that caused harm to others.
Punitive damages are a way to increase the recovery of plaintiffs and the consequences for those who break the law or behave in unsafe manners. The state does allow plaintiffs to request punitive damages. Still, the situation must meet very specific criteria.
Plaintiffs pursuing a personal injury or wrongful death lawsuit typically only need to show that a preponderance of the evidence supports their claims that the defendant is to blame for the incident. However, when pursuing punitive damages, the plaintiffs must have clear and convincing evidence of not only fault but the context of the incident.
Specifically, they must show that there was either a specific intent to harm others without just cause or deliberate disregard for the safety of others on the part of the defendant. If the situation meets that standard and the plaintiff has adequate evidence, then they can ask the courts for punitive damages.
The law limits the amount of punitive damages awarded. The courts can award the plaintiff up to $500,000 in punitive damages or five times the compensatory damages awarded for economic losses. That limit does not apply if the defendant pleads guilty to or gets convicted of a felony offense related to the lawsuit.
Evaluating the situation surrounding a motor vehicle collision can help people determine their rights if they decide to file a lawsuit. Punitive damages are sometimes possible in car crashes involving egregious misconduct or negligence.