I had a client ask me earlier in the week if he was entitled to punitive damages for his auto accident case. The client was involved in a rear end collision that knocked his vehicle off of the road and in to a ditch. He suffered a fairly serious injury, and his settlement was substantial.
However, not all accidents that cause injuries will provide for punitive damages. Punitive damages are awarded as a punishment or “shame on you” to defendant’s whose negligence in causing an accident has risen to a higher level that the ordinary negligence or mistake that causes an accident. Their purpose is to deter the public from engaging in the particular negligence that caused the accident. For example, causing a wreck while texting and driving, or while under the influence of drugs or while drunk, would warrant the award of punitive damages. There are many other…Click Here To Read More From a Charleston Personal Injury Attorney!