Punitive damages are a particular type of compensation for a personal injury. They are not compensatory. Hence They do not compensate the victim for injuries or damages caused by accident. Punitive damages are charged to punish the defendant. Click here to get more information about car accident attorneys.
How are punitive damages calculated?
The appropriate amount of a punitive damages award is decided based on the following factors:
Damages A Car Accident
- Defendant’s conduct
- The number of assets held by the defendant
- The amount of potential harm that may be caused to other victims if this particular defendant is not appropriately punished is staggering.
- The amount of damage suffered by the plaintiff due to the defendant’s behavior in the actual accident.
Punitive damages may not be charged if the defendant is found to be merely negligent. The defendant is not subjected to any punitive damages if they were simply being careless or acting without reason.
Punitive damages are only awarded in car accident claims when the defendant is grossly negligent in their actions. Grossly negligent refers to having no regard for the safety and wellness of others. These types of damage are meant to encourage others to avoid irresponsible behavior like this. The charges aim to punish the person who caused injury and other damage rather than makes them pay for the losses incurred.
Cases where you can get punitive damages.
Additionally, these damages are one of the most difficult to prove in court.
If someone is distracted while driving and causes a crash, they will not be subjected to punitive damages no matter how bad it is. Careless behavior is not similar to gross negligence, which is essential to the punitive damages charge. Some of the cases that have the potential to get punitive damage charges are as follows.
- In cases that involve driving under the influence,
- In hit-and-run car accidents,
- Crashes caused by reckless street racing, playing chicken, or other dangerous behavior that can cause severe accidents in
- Cases where vehicle owners intentionally drive cars with malfunctioning brakes or other parts lead to crashes.
- Automobile manufacturers who do not fix defects in their product designs are also liable for punitive damages in accidents.
Punitive damages can be charged against trucking companies as well if they overwork their drivers to the point of fatigue, which is known to increase the chance of accidents happening. Accidents are caused by excessive speeding or irresponsible driving, causing a car accident that injures the other party.