Will I Get Punitive Damages for My Conyers Car Accident?

car accident

Getting in a car accident in Conyers, Georgia, can be quite devastating. Unfortunately, apart from sustaining mild to severe bodily injuries, motor vehicle accidents may also be fatal. That’s why all road users must ensure that they do everything they can to prevent road crashes. That includes obeying all traffic rules and regulations and paying attention to your driving.

However, not every motorist cares about the safety of others. As a result, regardless of how carefully you drive, you can get in a crash due to another driver’s negligence. In such situations, you can get them to pay damages for your physical injuries and property damage.

In some special cases, you can also get them punished for their recklessness by making them pay punitive damages. However, getting punitive damages isn’t automatic. So, you must consult your Conyers car accident attorney to assess your eligibility for punitive damages in your case. We’ll discuss more on that in this article.

What Are Punitive Damages? 

Many times, when car accident victims file personal injury claims and lawsuits, they’re seeking compensation for their losses and pain. This compensation aims at putting the victim in the position they were in before the accident. Such damages may include compensation for medical bills, lost income, payment for emotional trauma, etc. However, not all financial rewards in a personal injury lawsuit aim at compensating the claimant.

Sometimes, a court may grant damages against the defendant to punish them for their wrongdoing. Those kinds of damages are punitive, and you can compare them to fines in a criminal case. So, a major difference between fines and punitive damages is that while punitive damages are civil, fines are for criminals.

Apart from punishing the wrongdoer, punitive damages also serve as a warning to others. They alert future wrongdoers of the consequences of their actions. So, in summary, punitive damages aim to punish and deter wrong behavior in a personal injury lawsuit.

Am I Entitled to Punitive Damages in My Auto Accident Lawsuit?

Generally, courts don’t award punitive damages in many car accident lawsuits. That’s because most of the time, traffic crashes are due to the defendant’s simple negligence. Meanwhile, courts will only award punitive damages in cases that exceed mere negligence and involve recklessness, willful misconduct, malice, etc. So, whether you get punitive damages in your injury lawsuit depends on your case.

In other words, a defendant’s negligent actions may not always deserve the award of punitive damages. For example, a driver who causes an accident by replying to an emergency text while driving may be simply negligent. However, if the same driver is drunk while driving, they have surpassed mere carelessness and have become grossly negligent. In such cases, they may have to pay punitive damages for their gross disregard for the safety of others.

So, you can only get punitive damages in cases where the responsible party’s actions go beyond typical mistakes. In such cases, you must produce clear and convincing evidence to prove the at-fault party’s outstandingly bad conduct. So, again, establishing punitive damages requires a stricter burden of proof than many other civil cases.

How Much Can I Recover in Punitive Damages from a Car Accident in Conyers?

Numerous factors can determine the amounts of punitive damages you may receive in a Conyers accident lawsuit. They include the severity of the defendant’s conduct and the sum of compensatory damages the court already awarded. To be sure of what to expect, you must speak with your Conyers injury lawyer.

In Conyers, punitive damages cannot exceed $250,000. However, such limitation doesn’t apply to cases where the negligence was willful or the defendant was drunk.

What Other Compensation Benefits Will I Receive in My Conyers Personal Injury Lawsuit?

Apart from punitive damages, a claimant in a motor vehicle accident lawsuit may receive economic and non-economic damages. Economic damages are compensation for financial losses like medical bills and lost wages. On the other hand, non-economic damages provide monetary compensation for losses like pain and suffering, etc.

Contact Us at The Weinstein Firm Immediately!

There are different types of damages you can receive in your Conyers car accident lawsuit. Punitive damages are one of them. However, to get punitive damages, you must have an experienced car accident lawyer on your side.

That’s why you should speak with our team of personal injury attorneys at The Weinstein Firm. Our legal professionals are always dedicated to ensuring that you get the maximum compensation benefits for your case. We are the most qualified team to fight for your rights in Conyers. So, schedule a free consultation with us immediately.

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