When Can Punitive Damages Be Awarded in Vehicle Accident Cases?
A motor vehicle accident can be extremely damaging, inflicting severe injuries that will follow you for life. If your accident was caused by someone else behaving in an egregious manner, such as reckless or aggressive driving, you may qualify for financial compensation beyond simply what is necessary to make you whole again. This type of additional award is known as punitive damages. A personal injury lawyer in New Jersey is here for you.
What Are Punitive Damages?
Punitive or exemplary damages are a monetary award that is sometimes given to a plaintiff (filing party) over and above compensatory damages, or the amount awarded strictly to reimburse the plaintiff for losses suffered. While economic and noneconomic damages serve to bring a plaintiff back to where they were financially prior to the accident, punitive damages aim to punish or penalize the defendant (accused party).
When Are Punitive Damages Awarded in New Jersey?
According to the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, a punitive damage award will only be granted by a court if the plaintiff has proved by clear and convincing evidence that the defendant’s conduct was malicious or the defendant acted in a wanton and willful disregard of the plaintiff’s rights.
The legal definition of “malicious” in New Jersey is the intentional commission of a wrongful act without just cause or excuse. An example of maliciousness in a vehicle accident case is a defendant intentionally hitting someone with their car. If a defendant is found guilty of assault by auto or vehicular homicide in the criminal courts, this could provide evidence for a punitive damage award in a civil case.
Wanton and willful conduct can describe any act or omission that is taken despite there being a high probability of it causing harm to another person. An example of this in a car accident case is driving under the influence of alcohol. A drunk driver in New Jersey could be required to pay punitive damages as punishment and to discourage others in the community from driving while intoxicated.
Is There a Cap on Punitive Damages?
If the courts find cause to award a car accident victim punitive damages in New Jersey, the amount assigned will be limited by state statute. The law caps punitive damages at a maximum of five times the amount of compensatory damages or $350,000, whichever is greater. This law means that if $100,000 is awarded in compensatory damages, up to $500,000 in punitive damages is permitted.
How to Make a Case for Punitive Damages in a Vehicle Accident Claim
In New Jersey, punitive damages will only be awarded if the plaintiff can prove the required elements for this type of financial recovery. The plaintiff bears the burden of proof in this situation. “Clear and convincing evidence” means the evidence presented by the plaintiff establishes that what is being claimed is more likely to be true than not, or true with at least a 51 percent certainty.
If you wish to seek punitive damages in a vehicle accident case in New Jersey, you will need to provide enough evidence to demonstrate that the defendant acted with malice or a wanton disregard for your safety. This can be a difficult standard of proof to meet. Hiring an experienced car accident lawyer in New Jersey can give you the best odds of successfully securing punitive damages for a car accident that was caused by egregious acts of wrongdoing.