How to Get Punitive Damages in Car Accident

Few car accidents provide a legal basis for punitive damages.

Punitive damages in a car accident are the exception, not the general rule. Unlike compensatory damages, which aim to make the injured plaintiff whole again, punitive damages aim to punish the person who caused the accident. State laws narrowly limit the types of accidents that can result in a punitive damage award. Generally, the person who caused the accident must have acted beyond mere negligence, such as with gross negligence, recklessness or clear intent. Drunk driving is the most common foundation for punitive damages in a car accident.

Instructions

1. Determine whether you have any proof that the driver who caused the accident was under the influence of drugs or alcohol at the time of the accident.

2. Look for any proof that the driver who caused the accident intended to cause the accident. For example, if you have a statement from the driver indicating some type of malice toward the victim of the accident, then you may be able to prove intent.

3. Consider whether you have any proof that the driver who caused the accident was acting in a reckless manner at the time of the accident. Recklessness generally requires proof of more than negligence, such as proof that the driver was knowingly going an unreasonable speed above the speed limit or was knowingly engaging in distracting activities, such as text messaging, while driving at a dangerous speed.

4. Allege punitive damages in your lawsuit complaint. If you don't allege punitive damages at the initiation of your lawsuit, then the defendant will claim he had no notice of, or opportunity to defend against, the punitive damage claim.

5. Obtain a base award for compensatory damages. Punitive damages are always in addition to compensatory damages, such as pain and suffering, property damage and medical expenses. You cannot claim punitive damages without a foundation of exemplary damages.

Tips & Warnings

• Gather information on your accident as soon as you can after the accident happens. In a perfect world, an accident reconstruction engineer would be at the scene of every serious accident in order to gather data to be able to recreate the accident. Talk to witnesses at the accident, keep track of their names and stay on good terms with them so you can use them as a witness.

• Because punitive damages aim to punish the wrongdoer, state laws provide several legal safeguards to protect innocent drivers from punitive damages claims. If you have any reason to believe that the other driver was under the influence, had intent to cause the accident or acted recklessly then you should consult with an experienced local personal injury attorney regarding your punitive damages claim. Punitive damage claims are not for the inexperienced.

References

• "How to Win Your Personal Injury Claim"; Joseph L. Matthews; 2009
• Utah Code Annotated: Punitive Damages