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In car accident cases, compensatory damages typically cover the costs of medical bills, lost wages, and other expenses.
However, there are instances when you may be qualified to seek punitive damages in a personal injury lawsuit.
These damages punish the driver for their actions, especially if they were careless or reckless. Seeking punitive damages can significantly increase your compensation if the driver’s conduct was particularly dangerous or malicious.
At Hasbrook & Hasbrook, we specialize in pursuing punitive damages for clients. We pursue punitive damages for clients who reckless drivers have harmed. Our experienced personal injury attorneys thoroughly investigate every case to see if punitive damages are warranted.
We are dedicated to holding every negligent driver accountable. We also ensure that you receive the maximum compensation possible.
Contact us today to learn how we can support your personal injury lawsuit and help you secure the punitive damages you deserve.
What Are Punitive Damages in Car Accident Cases?
Punitive damages differ from compensatory damages. Punitive damages don’t cover losses but are meant to punish the driver and prevent future misconduct.
In personal injury law, punitive damages are only given when the defendant acted recklessly or intentionally. For example, seeking punitive damages is more common in cases involving drunk driving. These damages serve as a warning and hold drivers accountable for dangerous behavior. Some of the damages are:
- Punitive damages punish reckless or intentional misconduct.
- They are awarded on top of the compensatory damages.
- Common in cases like drunk driving or extreme negligence.
- Designed to deter future dangerous behavior by the defendant.
- Aim to hold drivers accountable for putting others at risk.
Comparing Punitive Damages To Other Types of Damage
Compensatory damages aim to reimburse victims for damages, including medical bills, lost wages, and emotional distress. Punitive damages serve a different purpose. They punish the wrongdoer and act as a deterrent for future misconduct.
They are only awarded when the defendant’s behavior is considered grossly negligent or willfully reckless, which goes beyond ordinary negligence. In a personal injury lawsuit, these damages provide an additional financial penalty to the at-fault driver.
In a personal injury case, compensatory damages cover medical costs, lost wages, and emotional suffering, aiming to help the victim recover.
On the other hand, punitive damages are meant to punish the driver for reckless or harmful actions. These damages go beyond negligence and are given when the defendant’s behavior is extreme or dangerous.
Together, compensatory and punitive damages ensure the victim is compensated. They also hold the wrongdoer accountable and discourage others from similar actions.
The Purpose and Intent of Punitive Damages in Motor Vehicle Collisions
Punitive damages in car accidents punish the defendant and discourage repeat behavior. When drivers engage in dangerous conduct, such as drunk or aggressive driving, courts may award these damages to convey that reckless behavior will not be tolerated.
The goal is to prevent future accidents and hold drivers accountable for endangering others on the road. Punitive damages strongly discourage gross negligence.
Situations When Punitive Damages Might Be Awarded
Punitive damages are not common in every car accident case. They are typically reserved for situations where the at-fault driver engaged in extreme negligence or misconduct.
Courts may award punitive damages if the driver was under the influence of alcohol. This also includes driving aggressively or having a history of reckless driving. These situations prove a disregard for the safety of others. For those reasons, victims can recover higher compensation.
Drunk Driving Accidents
Punitive damages are commonly awarded in drunk driving accidents. Driving under the influence shows a clear disregard for the safety of others. This results in severe injuries or fatalities. Victims can seek punitive damages besides compensatory damages for their medical bills.
The court views drunk driving as grossly negligent behavior. The court may impose financial penalties to deter others from making the same mistake.
Cases Involving Aggressive Driving
Aggressive driving, such as speeding, tailgating, or road rage, can cause serious accidents. When a driver engages in these behaviors, it may result in a personal injury lawsuit where the court awards punitive damages.
Aggressive driving shows reckless disregard for other road users’ safety. This makes a case where punitive damages could be justified. Victims may be entitled to higher compensation for the at-fault driver’s willful misconduct.
Incidents Where the Driver Had a Previous History of Reckless Driving
Punitive damages are more likely to be awarded in cases where the at-fault driver has a history of reckless driving.
If a driver has been involved in previous accidents or has a record of traffic violations, the court may view their actions as part of a pattern of negligence. In such cases, personal injury plaintiffs can seek punitive damages to punish the defendant for repeatedly endangering others on the road.
How We Prove Punitive Damages
To successfully claim punitive damages, you must prove the defendant was reckless. You can also prove their grossly negligent behavior. This often involves presenting convincing evidence of their actions.
You can get the evidence from police reports or witness statements. Your lawyer will work to show that the defendant’s conduct went beyond mere negligence, demonstrating intent or disregard for safety. In car accidents, this evidence is crucial for securing higher compensation.
Ways to prove punitive damages:
- Collect evidence. Start by gathering all necessary evidence, including police reports and eyewitness accounts. You can also gather accident details that demonstrate reckless behavior.
- Establish intent. Your lawyer will work to show that the defendant acted intentionally or with a blatant disregard for safety.
- Document negligence. Gather proof of gross negligence, such as a history of similar behavior or prior violations.
- Use expert testimony. Expert witnesses can testify about the recklessness of the defendant’s actions.
- Present clear proof. Your lawyer will present this evidence clearly to show that punitive damages are justified. The evidence is due to the defendant’s extreme conduct.
How Can Punitive Damages Increase My Settlement?
Punitive damages can significantly increase the overall settlement in a car accident case. They are added to compensatory damages, increasing the total compensation. Courts may award punitive damages if the victim proves gross negligence or reckless behavior.
For victims of car accidents, punitive damages provide additional financial relief. We can hold the at-fault party accountable for their actions.
Why You Need a Car Accident Lawyer To Fight for You in Oklahoma
In Oklahoma, car accident cases can become complicated when punitive damages are involved. An experienced personal injury attorney at Hasbrook & Hasbrook will know how to build a case for punitive damages. We also ensure you receive the compensation you deserve.
When a driver’s reckless behavior causes harm, they should be held accountable. Your attorney can help make sure that these reckless drivers pay punitive damages. Hiring a skilled attorney increases your chances of securing a favorable outcome in your personal injury lawsuit.
Contact Hasbrook & Hasbrook for a Free Case Consultation.
If you’ve been injured in a car accident, you may have a claim for punitive damages. Our personal injury attorneys at Hasbrook & Hasbrook can assess your case and help you determine the best course of action.
Whether you’re seeking compensation for medical bills or other damages, we are here to fight for your rights.
Contact us today for a free consultation and to learn more about how we can help with your personal injury lawsuit.