Many individuals are injured in automobile or trucking accidents everyday.  Many of these injuries are relatively minor and also, have common causes—minor rear-end accidents, minor side-swipe collisions, and other similar accidents.  Unfortunately, sometimes injuries are not minor.  In fact, they often result in death or catastrophic injuries to its victims.  And sometimes the accident results not from a minor fender bender but from a horrific collision involving gross negligence, recklessness, and/or criminal wrongdoing.  In these types of accidents, such as the accident caused by Ethan Couch, which is discussed in another one of our blogs, our firm often gets inquiries about whether punitive damages are recoverable.

Punitive damages, unlike all other forms of damages that are designed to compensate an individual for his or her actual past and future losses, are designed to do one thing—deter future conduct by the defendant and others.  They, in effect, are a punishment.  Because punitive damages are not intended to compensate the plaintiff, who will nevertheless receive all or a majority of the damages, punitive damages are rather difficult to obtain.  The facts at hand have to rise to the level of something so egregious as to be essentially shocking or intentional.  The one exception is in regard to cases against an insurance company wherein it is alleged that the insurance company refused to settle/pay out on a particular matter in bad faith.

Punitive damages are largely governed by state common law, but the United States Supreme Court has issued decisions finding that punitive damages in a ratio of four to one implicates constitutional concerns.  However, the United States Supreme Court has also found exceptions to this; accordingly, there are no absolute or hard-and-fast rules.  The general proposition, however, is that the greater the amount of punitive damages, the greater the likelihood they will be subject to challenge.  The United States Supreme Court has ruled that the damages awarded be reasonable as determined by the degree of reprehensibility of the defendant’s actions.

Cases involving automobile accidents that may be one in which punitive damages could be sought include:

• Manslaughter;
• Reckless driving;
• Fleeing the scene of an accident;
• Intoxication; and
• Criminal behavior while operating a motor vehicle.

Punitive damages will very likely not be covered by an insurance policy.  Therefore, determining whether to pursue them should include a consideration of the likelihood that the defendant they are imposed upon has the means to satisfy the judgment.  Punitive damages are more typically sought against companies such as employers, truck manufacturers, component part manufacturers, and the like.  However, they certain can and should be sought against individuals in appropriate circumstances.

If you or a loved one has been involved in a car or trucking accident, it is important to retain an attorney experienced automobile accident lawsuits.  The nuances of litigating automobile accident lawsuits can be difficult to navigate for an attorney inexperienced in such matters.  Matters of timing, obtaining medical records, knowing who to file suit against, obtaining records, retaining experts, and similar issues can easily lead to oversight and mistakes. You also need an attorney who understands how to fight for your rights.  We know how to do so and having been doing so for decades.  If you or a loved one has been injured or killed in an automobile accident, please contact Barrett Law PLLC at (601) 790-1505 to schedule your initial consultation.