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How Do You Prove “Punitive Damages” in a Crash?

When car accidents occur due to negligence, victims may be entitled to compensation to cover injuries, medical expenses, lost wages, and more. But what happens when the driver who caused the accident acted in a way that’s far more than simply careless? That’s where punitive damages come into the picture.

Punitive Damages 101

Unlike compensatory damages, which aim to restore the victim to their pre-accident state, punitive damages have a different purpose. They are intended to punish the wrongdoer for especially reckless or malicious conduct and to deter similar behaviors in the future.

To win a punitive damages award in Blue Ridge, Georgia, the burden of proof is higher than with compensatory damages. You must provide clear and convincing evidence that the at-fault driver’s actions showed:

• Willful misconduct – The driver knew their actions were dangerous but engaged in the behavior anyway.
• Malice – The driver acted with intent to cause harm.
• Fraud – The actions constituted a deliberate deception.
• Wantonness or Oppression – The driver acted with such reckless disregard that it demonstrated a conscious indifference to the consequences of their actions.

Examples of Conduct That May Warrant Punitive Damages

Several types of behavior can demonstrate the reckless disregard for safety necessary to warrant punitive damages. These include Driving Under the Influence (DUI), where the driver willfully operates a vehicle while impaired, demonstrating a disregard for the lives of others. Excessive speeding, intentionally driving far beyond the posted speed limit, indicates a conscious indifference to potential consequences. Aggressive driving, including behaviors such as tailgating, weaving dangerously through traffic, or engaging in road rage, also exhibits the potential for punitive damages.

Pursuing Justice with The Law Office of Daniel R. Duello

Severe accidents caused by reckless or intentional acts can have devastating consequences. While punitive damages are not awarded in every car accident case, they serve a vital purpose in holding wrongdoers accountable for particularly harmful behavior.

If you or a loved one has been injured in a crash caused by a driver who acted in an extraordinarily reckless manner, talking to an experienced car accident attorney in GA is essential to understand your rights and potential legal options. The Law Office of Daniel R. Duello has years of experience helping victims secure the compensation and justice they deserve.

Contact us today for a consultation and learn how we can fight for you.