Recovering punitive damages
Written by our personal injury lawyers in Charlottesville
When you are considering car accident lawyers, it is important that you explore whether your case could support the recovery of punitive damages. Punitive damages are those which are awarded solely to punish the defendant and are not related to damages awarded for your pain and suffering, lost wages, medical bills, or inconvenience.
For more than three decades our personal injury lawyers in Charlottesville have helped individuals recover punitive damages throughout central Virginia, Louisa County, Fluvanna County, and Albemarle County.
For car accident lawyers to recover punitive damages, it must be proven that the defendant engaged in willful and wanton conduct which clearly disregarded your rights.
It is important to understand that to recover punitive damages, the defendant’s actions must be shocking. For example, punitive damages can be awarded in cases where the defendant driver was drunk or or impaired by illegal drugs.
However, your car accident lawyer must plead “specific egregious and extraordinary facts” in order to recover punitive damages. It is difficult to recover punitive damages in a car accident case, but that possibility should be discussed as you are doing your lawyer research and interviews.
Punitive damages in car and truck accident cases may also be awarded when the defendant driver was using his or her cell phone at the time of the accident because there is a new law that makes it a primary traffic offense to hold your cell phone while driving. Previously, the courts were not inclined to allow punitive damages where cell phone use was a factor in causing the accident, but the new law recognizes the role that cell phone use can have in impairing a driver’s ability to drive safely.
You can collect punitive damages for certain car accident injuries. Call us to discuss your options at 434-202-8181. Our experienced personal injury lawyers can let you know what your options are and how to maximize a recovery.
Personal injury lawyers in Charlottesville serving Louisa County, Fluvanna County, Albemarle County, and all of central Virginia.