Types of Damages You Can Win<\/a> Depending on the circumstances, you may be able to get punitive damages in a car accident case. Punitive damages may be awarded in car accident injury claims when the at-fault driver or other party was grossly negligent in their actions. When someone is grossly negligent<\/b>, it means that they had little or no regard for the safety and well-being of others.<\/p>\n Punitive damages also may apply in a car accident case if the negligent party acted with malice<\/b>. The laws regarding punitive damages in injury cases vary from state to state, but a general understanding of how punitive damages may apply to your car accident case can provide a helpful foundation to then learn about each state\u2019s laws, including those in Texas. Below, we include a table with state-by-state information regarding punitive damage laws in car accident cases.<\/p>\n See the table: Car Accident Punitive Damages Laws by State<\/a><\/b><\/p>\n There are three main types of damages in a car accident case: compensatory damages, which include economic and non-economic damages, and punitive damages, also termed \u201cexemplary damages.\u201d Compensatory damages relate to the losses you suffered as a result of your car accident. Economic damages cover costs that are easy to measure, like medical bills or lost income from not being able to work. Non-economic damages compensate for things like emotional distress from disfigurement or chronic physical pain. Exemplary, or punitive, damages are different. They are meant to punish wrongdoers for their grossly negligent or intentionally harmful behavior. These\u00a0types of damages are also meant to discourage others from similar misdeeds.<\/p>\n Exemplary damages are simply a legal term that encompasses punitive damages. You might think of them as damages that \u201cmake an example of\u201d the party whose actions were so malicious or grossly negligent that a punitive damage award will serve as a deterrent to others. One, if not the only, intent of these damages is punishment. For example, if a person who is so drunk that they struggle to walk or see clearly gets behind the wheel, they will likely be considered grossly negligent. If that excessively drunk driver then proceeds to careen past a school at a high rate of speed as children are heading home and kills a child, a jury may want to award exemplary damages as a message to others who may potentially drive drunk. There are other factors in a case like this, but this is one scenario many lawmakers would like to prevent. That\u2019s why several states\u2019 statutes specifically address drunk driving as grounds for punitive damages.<\/p>\n The important factors necessary for a punitive damages award in a car accident case are (1) harm resulting from egregious or malicious actions and (2) the need to send a deterring message to others. While many states have similar language in their laws, there are some differences. Here are a few examples that help you understand what acts may merit punitive damages. As you read these excerpts, consider other types of personal injury cases beyond car accidents, like a company that sells a product knowing it has a dangerous defect, or an insurer that denies a valid health insurance claim for cancer treatment. In some cases, the sole intent of punitive damages is to punish the defendant rather than to provide compensation to the injured party.<\/p>\n Alabama: <\/b>\u201cIt is proved by clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.\u201d<\/p>\n Alaska:<\/b> The act \u201cwas outrageous, including acts done with malice or bad motives; or evidenced reckless indifference to the interest of another person.\u201d<\/p>\n Arizona: <\/b>In a 1986 decision in Rawlings v. Apodaca<\/i>, the Arizona Supreme Court focused on the act, rather than intent. It required presence of an \u201cevil hand\u201d to prove injury of a victim, but did not require an \u201cevil mind.\u201d<\/p>\n California: <\/b>Punitive damages apply \u201cwhere it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice.\u201d<\/p>\n Georgia: <\/b>The \u201cdefendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.\u201d Punitive damages \u201cshall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.\u201d<\/p>\n Michigan:<\/b> In the Peisner v. Detroit Free Press <\/i>case, “exemplary damages” were awarded to compensate the plaintiff for mental anguish, humiliation, outrage, or increased injury to the plaintiff’s feelings that he or she suffered due to the defendant’s willful, malicious, or wanton conduct or reckless disregard for the plaintiff’s rights.<\/p>\n If someone is simply distracted or careless when driving and causes a crash, even if it\u2019s a bad one, you probably won\u2019t be able to get punitive damages. That careless behavior wouldn\u2019t rise to the level of gross negligence. So, when can you get punitive damages in a car accident case? Here are some general examples of the kinds of crashes in which juries might award punitive damages:<\/p>\n Other parties, besides a driver, can also be defendants in a car accident case that merits punitive damages. Auto manufacturers and auto parts makers who don\u2019t fix defective designs in their products may also be held liable for punitive damages in accident cases. Punitive damages might be pursued against trucking companies if they knowingly push drivers to the point of fatigue, even though they know it increases the risk of accidents, and accidents occur.<\/p>\n If your car accident case goes to court and your auto accident attorney<\/a> successfully proves the defendant was negligent and at fault, you can win a monetary award as compensation for the damages you suffered. There are many factors that influence when you can get punitive damages in a car accident case, including the skill of your attorney, the type and extent of injuries you suffered, the jury\u2019s decision and, finally, the jury\u2019s and judge\u2019s decision on whether punitive damages are appropriate in your car accident case. That decision must rely on the language of the state\u2019s laws to describe what type of acts may lead to punitive damages.<\/p>\n Tallying the full monetary losses you suffered and calculating your non-economic damages is part of the process. For an attorney to successfully litigate a case takes experience and detailed knowledge of personal injury law.<\/p>\n Successfully arguing that your car accident case also merits punitive damages requires a highly skilled injury lawyer<\/a> with thorough understanding of the standard of proof for such an award.<\/strong><\/p>\n<\/blockquote>\n It is also imperative to understand not only the state laws regarding punitive damages in a car accident case, but prior case law, too. Precedent set by earlier cases may inform how much a jury could potentially award in punitive damages. The judge has the final decision on the amount and may not agree with what the jury awarded.<\/p>\n Attorneys will pursue all the evidence to prove punitive damages in a car wreck. This can include reviewing police reports, witness statements, digital evidence, crash angles, and a variety of other things. In many cases, it will also involve bringing in expert witnesses to testify on your behalf.<\/p>\n Punitive damages are among the most difficult damages to prove. For this reason, it\u2019s always smart to have an experienced lawyer handle your case. An attorney can advise you about whether you might be able to get punitive damages in your unique car accident case. If they believe you can, they know what kind of intricate evidence is necessary to make the distinction between negligence and gross negligence to the court.<\/p>\n All the circumstances in your case will be considered as your lawyer decides how much your punitive damages could be worth. Your attorney will need to compile all available information to prove why a jury should award that amount and why a judge should agree. The information that impacts the amount of punitive damages will include the details of the accident gathered from interviewing witnesses, review of the police report, other available evidence, and how badly you were injured. Your lawyer may even rely on expert witnesses to help determine the extent of punitive damages that are appropriate.<\/p>\n Because punitive damages relate to gross negligence and malice, your attorney (and, later, the jury and judge) will base their decision on how grossly negligent, or malicious, the at-fault party was in causing your injuries. In deciding on punitive damages, the court will also consider things such as the character of the at-fault party, how much they have in assets and property, and whether other victims might be harmed if they aren\u2019t punished. Another consideration is how strong the message of punishment should be that is communicated by the amount.<\/p>\n When you\u2019re bringing a claim for the injuries you\u2019ve suffered because of someone else\u2019s extremely reckless actions, don\u2019t hesitate to get help.<\/strong><\/p>\n<\/blockquote>\n Perhaps the most important factor in the amount of punitive damages you can win is your state\u2019s limitations on the amount, if such a cap exists. The majority of states do limit how much you can get in punitive damages. Often, those limitations depend on the amount of compensatory damages awarded. Sometimes, there is a specific dollar amount that cannot be exceeded. And in a few states, the total amount may not be limited, but the distribution of the award does not go solely to the plaintiff. In the case of Alaska, 50% of the punitive damages award goes to the general fund of the state. In Utah, the injured party receives the first $50,000 of punitive damages and any amount above that is divided 50\/50 with the state government. As another example, Oregon has no cap on punitive damages, but punitive damages awards are divided up between the car accident victim and the state: 30% goes to the plaintiff, no more than 20% can go to attorney fees, 60% goes into the Criminal Injuries Compensation Account, and 10% gets deposited into the State Court Facilities and Security Account (Or. Rev. Stat. \u00a7 31.735(1)<\/a>).<\/p>\n In our table below, you can see which states do and do not have limitations on punitive damages. [\u201ctable below\u201d will link]<\/strong><\/p>\n<\/blockquote>\n Some car accident cases have added circumstances that may raise the limitation on punitive damages. For example, if wanton recklessness led to a fatal accident, that act of gross negligence could be found to have caused a wrongful death<\/a>. This type of personal injury claim is unique from other car accident cases. Depending on the state, the amount of punitive damages in a car accident wrongful death case may have no limitation, or there may be a higher cap.<\/p>\n One State\u2019s Example: Texas Punitive Damages Cap<\/b><\/p>\n If you live in the state, you may wonder, what is the Texas punitive damages cap? Texas has clear limitations on the amount of punitive damages you can pursue in a car accident case. Punitive damages are capped at\u00a0the greater of<\/b>:<\/p>\n Punitive damages caps in Texas don\u2019t apply if the accident that caused your injuries was a felony (See Tex. C.P.R.C. \u00a741.003 and \u00a741.008<\/a>).<\/p>\n
\n What Are Exemplary Damages in a Car Accident Case?<\/a>
\n How Does the Law Define Punitive Damages?<\/a>
\n Car Crash Cases in Which You Might Get Punitive Damages<\/a>
\n When Can You Get Punitive Damages After a Car Accident?<\/a>
\n How Will an Attorney Prove Punitive Damages in a Car Wreck?<\/a>
\n How Much Is a Claim for Punitive Damages in a Car Accident Worth?<\/a>
\n Limitations on Punitive Damages in a Car Accident Case<\/a>
\n Added Factors that May Increase the Amount of Punitive Damages<\/a>
\n TABLE: State Laws Governing Punitive Damages in a Car Accident Case<\/a>
\n Exemplary Damages Laws in Texas<\/a>
\n Get Help Seeking Exemplary Damages in Texas after Your Car Accident<\/a><\/p>Types of Damages You Can Win<\/h3>\n
What Are Exemplary Damages in a Car Accident Case?<\/h2>\n
How Does the Law Define Punitive Damages?<\/h2>\n
Car Crash Cases in Which You Might Get Punitive Damages<\/h2>\n
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When Can You Get Punitive Damages After a Car Accident?<\/h2>\n
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How Will an Attorney Prove Punitive Damages in a Car Wreck?<\/h2>\n
How Much Is a Claim for Punitive Damages in a Car Accident Worth?<\/h2>\n
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Limitations on Punitive Damages in a Car Accident Case<\/h2>\n
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Added Factors that May Increase the Amount of Punitive Damages<\/h3>\n
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State Laws Governing Punitive Damages in a Car Accident Case<\/h2>\n