Punitive damages are recoverable in a Texas car accident lawsuit. Before really diving in, it’s important to read further and understand just what punitive damages are in a Texas car accident case.
Punitive damages are different from the regular compensatory damages you will see in a car accident injury case. Punitive damages are not meant to be given back to the plaintiff as if something was lost or taken from them. They are meant to punish the other driver for conduct which was especially dangerous or reckless. They are imposed to demonstrate to society that the conduct displayed cannot and will not be tolerated. This would be something people would look back on and realize what could potentially happen if they take extreme risks lightly, and refrain from acting with gross negligence.
To see a punitive damage recovery, there must be gross negligence or gross misconduct on behalf of the defendant. You must demonstrate the individual’s actions were in fact on the level of gross negligence as well. This means you need to display either a reasonable individual in that situation would have known better than to conduct themselves with that degree of extreme risk. The second thing you need to prove is that they knew of the extreme risk but went ahead to disregard it anyways.
Winning Punitive Damages Requires A Skilled Car Accident Lawyer
Seeking punitive damages is an exceedingly difficult undertaking. In proving the gross negligence there is a certain set of skills one must have to fully expose those two pieces of proof. Gross negligence can be several things. The most common are typically when a person was killed or injured by a drunk driver or someone who was street racing or going far above the legal speed limit. These extreme risks are taken too lightly far too often.
Following any type of destructive and reckless accident, a Dallas car accident lawyer is going to give you the best help you need. Going after the insurance in a simple car accident is difficult enough but filing a lawsuit to prove gross negligence in order to retrieve punitive damages is even harder to do on your own. Never go into a personal injury claim with a third-party’s insurance carrier alone. If you have any questions or need to seek counsel for your punitive damage injury claim following your car wreck, call Angel Reyes now and we can most certainly help you. Call us immediately at (214) 526-7900.