When it comes to car accidents caused by criminal activity, like drunk driving, seeking compensation goes beyond recovering economic and non-economic damages. In certain cases, punitive damages come into play. These damages represent a type of financial punishment that is aimed at deterring the same behavior in the future.

The car crash lawyers at Kanner & Pintaluga understand the complexities surrounding punitive damages in car accidents and know how to craft compelling cases designed to hold the criminally negligent party financially accountable for their actions. We work diligently to help each of our Boca Raton car crash clients maximize their chance of receiving the compensation they deserve.

When Are Punitive Damages Available in Boca Raton Car Crashes?

What makes punitive damages more challenging is that they are not awarded in every car accident case. Instead, they are reserved for situations involving extreme negligence, willful misconduct or a reckless disregard for the safety of others.

Common scenarios where punitive damages might be considered include accidents caused by drunk driving, street racing or intentional acts that go beyond ordinary negligence.

Where the line is drawn on what Boca Raton car crash does or doesn’t justify punitive damages is complex and somewhat subjective. In Florida, punitive damages can only be awarded by a jury after a full trial, meaning you can’t explicitly receive punitive damages by just negotiating and settling a claim with the insurance company without a trial.

There’s also an additional phase to the trial. The first phase is simply to determine liability and the appropriate amount of compensatory damages. There’s a full second trial phase dedicated solely to punitive damages that only occurs if the plaintiff wins the first phase of the trial. During the second phase, the plaintiff’s lawyers will need to bring a compelling case clearly showing the defendant acted with intentional misconduct or gross negligence.

For example, it may be possible to convince a jury that a person who caused a crash while weaving between lanes and going 30 miles per hour faster than other vehicles on the highway engaged in gross negligence and intentional misconduct. It might be more difficult to make the same argument for someone who was looking at Instagram on their phone when they caused a crash.

In both cases, the driver would have recognized that what they were doing is illegal, but the severity of the infraction may be viewed differently by a jury.

Why Punitive Damages Are Common in Car Accidents

Punitive damages in car accident cases is intended to punish and deter individuals whose actions are deemed to have been willful or grossly negligent. Compensatory damages are fundamentally designed to cover the injured party’s losses and make them whole. Punitive damages are not meant to compensate the injured person. They are solely intended to hold the at-fault party accountable for their negligent or intentional misconduct.

The overall reason behind punitive damages is to send a message that certain behaviors will not be tolerated. This helps to promote a safer environment on the roads because drivers will know that there are consequences for their actions.

The Societal Benefits of Punitive Damages