Aurora car accident punitive damages are meant to punish the negligence of the at-fault party. They are likely to be recovered if someone acts willfully or wantonly by drinking and driving, texting and driving, or distracted driving.
With drinking and driving or texting and driving, someone knowingly and willingly violates the law or basic reasonable standard of care and could have punitive damages awarded against them.
No insurance company will represent a person beyond their policy limits, which means they will not pay for a personal representative. Punitive damages are asserted because they are meant to punish the person for their actions that caused the accident. For anyone interested in pursuing these kinds of car accident damages, they should contact an experienced accident attorney as soon as possible.
Calculating Car Accident Punitive Damages
Punitive damages are meant to punish the at-fault driver. They are left to the jury and are not taken into account for the total economic or non-economic damages. Punitive damages are what are determined to be appropriate in punishing the at-fault driver for their actions.
Punitive damages are not based on any of the regular damages. The damages are an arbitrary number the jury decides. There is no ratio for determining Aurora car accident punitive damages. They are simply meant to punish. There are other types of damages like in a bad faith claim, where the damages are three times the economic losses of travel damage; but not with the punitive damages.
How Commonly do Juries to Award Punitive Damages?
It is difficult for a jury to award punitive damages. The burden of proof for willful and wanton conduct is high. Punitive damages are most often seen with drinking and driving, driving under the influence, or distracted driving. It is difficult to prove that someone purposely drove through the red light knowing they were going to hit somebody.
Influential Factors of Punitive Recovery
Driving under the influence of drugs is on the increase since marijuana became legal in the State of Colorado. Driving under the influence of marijuana, and texting and driving are illegal in Colorado, but people do it all the time. People play games or watch Netflix on their phones while they are driving. When someone drives so carelessly and causes harm, they can incur Aurora car accident punitive damages.
Defining the Involvement of an Attorney
It is most important to get information up front, especially when there is evidence of driving under the influence. An accident attorney can be in contact with the district attorney early in the case of Aurora car accident punitive damages. It is important to have an attorney involved gathering the evidence; talking to eyewitnesses; and being involved in the criminal proceedings when there are questions of restitution. The statute of limitations is only one year, so individuals should try to ensure that their case is fully investigated in a timely manner.