Will Your Tampa Car Accident
Lawyer Recommend Punitive Damages in Your Case?
After you have spoken to a few personal
injury law firms in the Tampa, Florida area about your
car accident case, you may hear from one or more of the
lawyers the term punitive damages. This may have left
you curious about what punitive damages are and whether
or not you are entitled to them in your case.
Punitive damages are awarded to punish
the negligent driver who caused your car accident injuries.
These damages are intended to discourage
or deter the negligent driver, and others, from committing
similar offenses in the future. While punitive damages
may be effective, they are also difficult to litigate
unless you are represented by an experienced Tampa
car accident attorney.
Typically awarded as additional money
to you in your car accident case, punitive damages may
apply if the negligent driver showed “intentional misconduct”
or “gross negligence” in the accident. To clarify:
- Intentional misconduct means the
at-fault driver knew there was a high probability that
his or her conduct would result in injury. Despite that
knowledge, however, the at-fault driver deliberately
continued in the dangerous behavior.
- Gross negligence means the negligent
driver behaved so recklessly that he or she showed a
conscious disregard for your safety, rights, and life.
To be awarded punitive damages, you
must show clear and convincing evidence that intentional
misconduct and/or gross negligence took place in your
auto accident. “Clear and convincing evidence” is strong
and specific evidence that should cause the jury to firmly
believe, without hesitation, that intentional misconduct
and/or gross negligence took place.
Like many other complicated legal
proceedings, punitive damages in car accident cases is
often best handled by an experienced attorney. If you
would like to learn more about whether or not punitive
damages are possible in your car accident case in the
Tampa, Florida area, contact the law firm of Dale Appell,
P.A. for a free initial assessment.
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