What are Punitive Damages?
In the United States, there are local jurisdictional state statutes known as punitive damages statutes. There is also a significant amount of case law on how punitive damages are interpreted by the court system. Generally, punitive damages is an award directed to the plaintiff in a case with the purpose of "punishing" the at-fault party for the egregiousness of their acts. In an auto accident negligence case this can have significant meaning when negotiating a settlement.
What Punitive Damages Mean For My Case.
I have represented several clients where punitive damages apply. One client was in a motorcycle accident with a head injury, I was able to obtain a full policy settlement for him of $100,000.00. A consideration with his case was that the at-fault driver whom fled the scene was suspected of being under the influence of alcohol. When a person is under the influence of alcohol or other inebriation causes a motor vehicle accident with injuries to other persons, punitive damages will apply. Punitive damages will apply because the conduct of the person causing the accident is passes beyond negligence and into reckless, willful, or wanton.
How Punitive Damages Are Applied.
Punitive damages apply to jury awards. Therefore, I can used punitive damages to negotiate a higher settlement for a client if they apply. Punitive damages as a general matter range from three to ten times the actual damages. This means that if your special damages or the damages that we can show through medical bills or other documented costs are a certain number, you punitive damages could multiply that number significantly. I had one case where a married couple had been in a car accident the at fault driver was driving in a particularly ridiculous manner. The at-fault driver was driving beside my clients in going down a two lane road while driving in the opposite direction of traffic. The at-fault driver was forced to come back into the correct lane for their direction of travel which caused a collision and injuries to my clients. In any event, I was able to secure the full policy limits from my clients.
Please note that none of the foregoing is legal advice nor should be considered a legal advertisement, if you have a legal matter you should most likely contact an attorney. Even if you decide not to call me you should probably still get in contact with a lawyer. The Law Offices of Christopher G. White, P.A. is a Global Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Check out my website and blog article. Thank you for reading, please also look at my other practice areas, like Security Clearance Lawyer and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube Channel, TikTok, Instagram, Facebook, Twitter, LinkedIn, Tumblr, Blogger, Reddit, Yelp, Avvo and Justia. Thank you for your time and consideration.
The Law Office of Christopher G. White, P.A.
A GLOBAL LAW FIRM
(available in person, skype, facetime or zoom)
Ph:(434) 660-9701
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Email: Chriswhitelawyer@gmail.com
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Jacksonville, FL 32256
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