After an accident caused by a distracted driver, the person filing a personal injury claim against them is able to recover fair compensation for medical bills, property damages, and other economic and non-economic damages. People injured by a distracted driver are entitled to fair compensation because the driver behaved negligently. However, being eligible for exemplary damages requires more than simply proving the driver was negligent. Exemplary damages refer to compensation that the at-fault party may be required to pay based on whether or not their behavior is considered egregious, malicious, or offensive.
Suffering an injury as a result of someone else’s carelessness can be incredibly frustrating and stressful, especially when it means you need to deal with unsympathetic insurance adjusters. At Mintz Law Firm, we empathize with those harmed by negligent parties and are proud to be able to help you through this difficult time in your life. Regardless of the type or severity of your injury, you deserve to be treated with fairness and to recover fair compensation. Work with a firm committed to fighting your best interests by contacting Mintz Law Firm today.
Are You Able to Request Exemplary Damages After a Distracted Driver Accident?
Exemplary damages in Colorado are designed to punish at-fault parties for egregious or outrageous conduct to deter others from committing the same conduct. Unlike economic and non-economic damages, punitive damages aren’t based on the losses the claimant suffered. Instead, they serve as “setting an example” and punishing the at-fault party. Therefore, to be eligible for exemplary damages, there must be a reason for needing to set an example for the at-fault party. In order for exemplary damages to be awarded, the claimant must be able to prove that the harm they suffered was a direct result of malice or willful conduct.
Examples of conduct that may be sufficient enough to be eligible for exemplary damages include:
- Malicious intent
- Direct harm
- Disregard for the law (driving under the influence)
- Dangerous conduct (distracted driving)
Car accident victims can claim exemplary damages if they prove the at-fault party’s actions fall under these categories. The court and jury often consider the following evidence of the at-fault party’s conduct:
- The cause of the accident
- Purposeful acts by the at-fault party
- Whether the person was intoxicated
- Whether the person was committing a separate crime at the time of the accident
- The personal history between the parties (especially in cases of malice intent)
- What the at-fault party knew about what their actions could cause
The key to successfully arguing for exemplary damages is to have sufficient evidence to support your claim. Having strong legal representation is crucial in personal injury cases. A Colorado injury attorney ensures that you have the necessary evidence to support your claim for damages. Furthermore, if you are entitled to exemplary damages, they can ensure that you have what you need to prove the at-fault party’s conduct warrants the need for exemplary damages.
Skilled and Experienced Car Accident Attorneys at Mintz Law Firm
Pursuing a personal injury claim can be stressful and overwhelming. Fortunately, you don’t need to take this on alone. At Mintz Law Firm, our attorneys work hard to protect your rights to fair compensation so you have the space, time, and resources to focus on your recovery. As experts in numerous personal injury areas, we’re qualified to build evidence-based cases that provide our clients with the benefits and compensation they deserve.
The attorneys at Mintz Law Firm are passionate, skilled, and attentive professionals that make it their mission to stand by your side in your hour of need so you can avoid navigating the complicated legal system on your own. Schedule a consultation today through our online contact form or by calling (303) 462-2999.