Punitive damages, also known as vindictive damages, are the monetary compensations that are awarded when it comes to civil lawsuits. These damages do have a different purpose from compensatory damages, whose goal is just to get the victim the lot amount in an incident.
A car accident lawyer can explain the purpose of these damages when it comes to car accidents properly. They have the expertise and the skills that can help the victims in asking for this particular amount.
The role that these punitive damages have is very different; these do acknowledge the intangible harm that occurs during an injury caused by another party at fault.
The Purpose of Punitive Damages
In car accident cases, it is very important to know the role of punitive damages. Let’s explore that more.
Punitive damages do serve to enhance the safety of the public. By putting in financial penalties and imposing certain liabilities on the people who get involved in some weird acts related to the road, society then sends a message that such actions will not be tolerated and will result in some serious aftermath.
Discouraging Careless Behavior
When it comes to the context of car accidents, punitive damages can get a lot more than just negligence. This can include cases where the scene was not just confined to the driver being negligent but also being reckless and careless at the same time.
This can also refer to the driver being extremely non-careful, like drunk or racing on the streets.
Compensation Past Tangible Losses
The punitive damages do focus a lot on the intangible side of things. The damages done by the at-fault party are acknowledged here. These intangible damages can be in the form of gear, stress, trauma, and any kind of emotional distress.
Legal Process of Pursuing Punitive Damages
Punitive measures when it comes to car accidents are not very easy to navigate through. Here are some of the processes that come with the legal side of things.
Discussion with a Lawyer
The process starts when the injured party consults with a professional lawyer who has experience in car accident cases.
A lawyer is necessary to read out the merits of the case; they gather the evidence and also help the victims with their feedback, whether pursuing punitive damages is a great idea or not.
Deciding the Liability
To get the punitive damages, it is important to understand that the defendants need to meet the criteria that are there for the punitive damages.
This, a lot of times, involves proving that the defendant party was malicious, careless, negligent and did not take the safety of other people on the road seriously.
The Law Suit
Now if the damages are considered fine, then a lawsuit can be filed. This is filed against the party at fault.
Also, this is the main step that initiates the legal process properly.
Now, both of the parties discuss stuff. They do that by exchanging documents and the evidences that they have against each other. So, it basically includes all the information that can act as evidence and makes sure the behvaior of bothe the aeries is highlighted.
A personal injury lawyer however can take half of the case forward with his expertise, but the inolvemnet of both the parties and discussion between them is necessary.
The plaintiff’s lawyer shall present evidence in court demonstrating that the defendant has behaved disgracefully, and he is entitled to punitive damages. Witness statements, expert reports and documentary evidence may be involved here to make sure that the case is backed by proper documentation.
Role of Jury
The jury comes next. A lot of times, it is seen that the jury becomes the decision maker when it comes to getting the punitive damages. The jury here accesses the evidence and decides if the conduct of the defendant supports the punitive damages.
Determining the Amount
If the punitive damages are given, the jury or the court determines the amount. This amount can vary depending on the severity of the defendant’s behavior.
So, the main ole here is the evidence and the proofs that are provided. Without these solid backup documents and evidence, the punitive damages can never be pursued. The actions of the defendants must be justified clearly by the plaintiffs so that the case can be taken further.
When it comes to punitive damages, these do act as great damages compensation. But the thing here is that they work great for getting intangible compensation as well. A number of legal steps must be taken to pursue punitive damages in motor vehicle Accident cases that impose a higher burden of evidence than standard Compensation. And with that involvement, the issue can be dealt with constructively.