Can I Get Punitive Damages After a Car Accident?

Rutter Mills Law Firm

Can I Get Punitive Damages After a Car Accident?

Car Accident Info

The purpose of punitive damages is to punish the defendant for their conduct and to deter others from engaging in similar behavior. In Virginia, plaintiffs can seek these damages in personal injury claims arising from car accidents, but it is not easy to obtain.

This is because Commonwealth courts have found punitive damages acceptable only in situations involving the most egregious conduct. What constitutes egregious behavior in a legal context? Shockingly bad actions or conducted with willful disregard for the rights of others.

When are Punitive Damages Awarded?

A classic example of egregious conduct is driving while severely intoxicated. If a drunk driver’s behavior is deemed so malicious as to disregard the rights of others, they may be held liable for punitive damages in addition to compensatory ones.

Virginia Code § 8.01-44.5 allows punitive damages in car accident cases when a driver’s Blood Alcohol Content (BAC) is .15 or higher and the evidence shows they knew or should have known they were too impaired to be operating a motor vehicle.

The victim’s car accident lawyer must gather evidence demonstrating the reprehensibility of the defendant’s misconduct concerning the victim’s injuries, pain, and suffering and navigate the legal hurdles to obtain maximum recovery. As with other categories of legal recovery, this takes an enormous amount of investigation, legal experience, and knowledge. In motor vehicle accident claims involving drunk drivers, your attorney may also look to specific case law when seeking punitive damages.

Virginia, like many other states, puts caps on punitive damage awards. Plaintiffs in personal injury suits and other civil torts can be awarded a maximum of $350,000.

Does your accident qualify for punitive damages?

The benchmark for awarding punitive damages in Virginia car accident cases is undoubtedly high, but Rutter Mills is prepared to help when this compensation is appropriate. To determine whether your accident merits this, speak to a car accident attorney at Rutter Mills. Our firm has served Norfolk, Virginia Beach, Newport News, Hampton, Portsmouth, and Suffolk residents for over five decades.

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Dave suffered serious injuries in a car accident. The defendant’s insurance company tried to offer him a low amount so Dave called Rutter Mills. We took over dealing with the insurance and got Dave the money he needed to get back on his feet.

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On his way home from work at the shipyard, Dan was involved in an accident. He tried to file a claim on his own, but the insurance company wouldn’t give him the money he needed to put his life back on track. Dan knew he needed to call Rutter Mills.

They actually won my case 3 times!

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After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

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After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

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After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

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A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

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