Car accidents can result in serious expenses for the non-responsible party. That’s why filing a lawsuit with help from a Chicago car accident attorney can be such a good idea. If your case is successful, you could recover damages from the other driver to offset your expenses. But did you know that you could be eligible for another form of damages specifically designed to punish the other driver for their actions? These damages are known as punitive damages, and depending on the circumstances surrounding your case, the court could award them to you. Let’s take a closer look at what these damages are and when they’re typically awarded.
What Are Punitive Damages?
Punitive damages are a financial settlement paid by the responsible party in an accident as directed by the court. Unlike other damages that help compensate you for known or future expenses and pain and suffering, punitive damages are designed to punish the other driver for the accident.
These damages are not based on existing bills and are not awarded in every car accident case. Your Chicago car accident attorney will help you determine if you may be eligible for these damages as part of your settlement.
When Do Juries Award Punitive Damages?
Juries award punitive damages when they feel it is necessary to try to prevent the other driver from performing the same actions that led to the accident in the future. These damages are typically only an option for cases where the responsible driver’s actions fall into one of these categories:
- Intentional
- Malicious
- Recklessness
- Gross negligence
- Showing a flagrant disregard for the safety of others on the road.
These damages are typically awarded for drunk driving cases, cases involving a driver using a knowingly dangerous vehicle, or cases in which the driver intentionally hits another person or vehicle.
How Much Can You Receive in Punitive Damages
The amount you can receive in punitive damages will depend on the severity of the case and the actions the other driver took against you. However, some individuals have been awarded hundreds of thousands of dollars in punitive damages.
Can You Still Pursue Other Damages?
Being awarded punitive damages doesn’t disqualify you from receiving other damages. Remember, these damages are designed to punish the other driver. They’re not designed to compensate you for specific injuries or bills. To do that, you’ll need to pursue the following types of damages:
- Economic damages: These damages are designed to compensate you for quantifiable expenses like medical bills, lost wages, car repairs, property replacement, and other similar costs.
- Non-economic damages: These damages are designed to compensate you for experiences that result in non-quantifiable costs. This includes pain and suffering, emotional distress, disfigurement, scarring, loss of enjoyment of life, and other unmeasurable costs.
These damages are typically asked for by your attorney when filing a lawsuit. Your attorney will help you figure out which damages you may be eligible for and what types of settlements you may see if your case is successful.
Remember, these damages can be awarded on top of punitive damages, potentially increasing your settlement.
What Happens if You’re Partially at Fault?
If you’re partially at fault for the accident, you may still receive damages and the responsible party may have to pay punitive damages in some amount. Again, every case is unique, so be sure to speak with your Chicago car accident attorney to learn about how the circumstances surrounding your accident could impact your settlement.
Let Fabbrini Law Group Help
If you were in a car accident, don’t wait to get the help you deserve. Contact us today to schedule a free consultation with an experienced Chicago car accident attorney.