Can I Receive Punitive Damages for My Car Accident Claim?

Louisiana courts reserve punitive damages for rare cases that involve willful harm or egregious negligence. Sometimes drunk driving accident victims receive punitive damages, but eligibility occurs on a case-by-case basis. Your car accident lawyer can examine the circumstances of your case and let you know if you should ask for punitive damages when you bring a lawsuit.

Defining Punitive Damages 

Punitive damage is a form of compensation that may be awarded to a victim in a car accident case. These damages are designed to compensate the victim and punish the at-fault driver for their reckless or intentional actions.

For example, if the at-fault driver was driving under the influence of drugs or alcohol, or if they were texting while driving, this could be considered gross negligence and increase the likelihood of punitive damages being awarded.

Additionally, if the victim suffered severe injuries or if the at-fault driver’s behavior was particularly reckless, this could also increase the likelihood of punitive damages being awarded.

It’s important to note that punitive damages are not awarded in every car accident case. To determine if they are possible, several factors are considered, including 

• the severity of the at-fault driver’s actions,
• the extent of the victim’s injuries,
• & the at-fault driver’s level of fault.

Punitive Damages vs Compensatory Damages 

Compensatory and punitive damages are not the same thing. Unlike compensatory damages, which are intended to cover the victim’s losses, such as medical bills, lost wages, loss of enjoyment of life, as well as pain and suffering, punitive damages serve as a deterrent to prevent similar behavior from happening in the future.

To put it simply, compensatory damages are meant to compensate the victim for their losses, while the purpose of punitive damages is to punish the at-fault driver.

The Role of a Personal Injury Lawyer in Pursuing Punitive Damages

If you believe that punitive damages may be possible in your personal injury case, it’s essential to consult with a car accident lawyer as soon as possible. They can evaluate your case and help you determine if pursuing punitive damages is a viable option.

Additionally, a personal injury lawyer can gather evidence, interview witnesses, and negotiate with insurance companies on your behalf to maximize your compensation. So, don’t wait if you think you may be eligible!

Car Accident in Baton Rouge or Nearby? Get Gordon!

Punitive damages may be awarded in a car accident case if the at-fault driver’s behavior was particularly egregious or dangerous. To determine if punitive damages are possible, several factors are considered, including the severity of the at-fault driver’s actions, the extent of the victim’s injuries, and the at-fault driver’s level of fault. 

If you believe that punitive damages may be possible in your car accident case, it’s crucial to consult with a car accident lawyer at Gordon Mckernan Injury Attorneys. We can evaluate your case and help you pursue the compensation you deserve.

Get Gordon and Get it Done!