If you sustained devastating injuries in a car crash, you and your family are probably experiencing emotional distress and financial strain. If the conduct of the driver who hit you was especially reckless or intentional, you may be entitled to pursue punitive damages in addition to regular compensation. Courts use these damages to punish egregious behavior and deter future misconduct.
Our auto collision attorneys at KGS Law PLLC have considerable experience in determining whether an injured client should seek punitive damages in a Houston car accident. We could evaluate whether your case qualifies for these damages and potentially initiate a claim on your behalf.
Punitive Damages in Car Accident Cases
Punitive damages go beyond standard economic and non-economic damages that compensate victims for their losses.
When Punitive Damages Apply
State courts award punitive damages only when defendants demonstrate gross negligence, malice, or willful disregard for others’ safety. The conduct must exceed ordinary negligence and show conscious indifference to consequences.
Cases Likely To Receive Punitive Damages
Your crash case may warrant punitive damages if the motorist who hit you was especially reckless. This may include any of the following behaviors:
- Fleeing police at high speed in a residential neighborhood
- Speeding recklessly during a street race on a public roadway
- Using their vehicle as a weapon to deliberately harm you or someone else (known as intentional vehicular assault)
- Driving drunk with a blood alcohol level that significantly exceeded the legal limit (especially if the motorist is a repeat offender)
Our Houston lawyers could present evidence in your auto collision case to prove that the other driver’s misconduct was egregious enough that the jury should award punitive damages.
What Types of Compensation Are Available in Car Crash Claims?
If someone else’s negligence caused your Houston car crash, you have the right to pursue compensation for your losses, even if your case does not warrant punitive damages. The value of your claim depends on the extent of your injuries, their long-term effects, and the impact on your daily life.
Medical Expenses
Because you will probably incur expenses as you recuperate from your injuries, you can seek compensation for the cost of:
- Surgeries
- Medications
- Hospital stays
- Rehabilitation
- Physical therapy
You can also pursue compensation for future medical needs related to your injuries.
Lost Income
If your injuries prevent you from working temporarily or permanently, you may recover compensation for lost wages, bonuses, and more. You can also seek compensation for your diminished future earning capacity.
Pain and Suffering
Car accidents can cause severe and long-lasting physical pain and discomfort. Damages for pain and suffering acknowledge the effect the injuries have on your overall quality of life.
Emotional Anguish
You may experience anxiety, depression, or post-traumatic stress after your car crash. Damages for emotional distress account for these psychological effects.
Loss of Enjoyment of Life
Your injuries may prevent you from engaging in activities, sports, or hobbies you loved, leading to a diminished sense of happiness and independence. Compensation for loss of enjoyment of life acknowledges these personal sacrifices and can help restore your sense of fulfillment and normalcy.
Loss of Consortium
Your loved ones may be eligible for compensation if your injuries disrupt the emotional, physical, or intimate aspects of your relationships with them. For example, your spouse may experience a loss of companionship, affection, or marital support.
An attorney could help gather evidence to prove the total extent of your losses and advocate for economic, non-economic, and punitive damages.
Call Our Houston Attorneys About Seeking Punitive Damages After Your Auto Wreck
Our attorneys at KGS Law PLLC could evaluate your case, explain your rights and legal options, gather evidence, and negotiate with insurers to try to maximize your compensation. We also have extensive experience evaluating whether an injury victim should pursue punitive damages in a Houston car accident and could litigate your claim for such damages if your case warrants it. Call us today to schedule a free consultation and learn what types of recovery you may be able to pursue.