Many car crashes are the result of negligent actions, such as running red lights or driving while distracted. Some accidents, however, are the result of more dangerous behaviors, such as drinking and driving. In cases like these, civil courts may award punitive damages to the injured party to deter the liable party from similar conduct in the future.
If you suffered serious injuries as a result of someone else’s negligence, contact an experienced car accident attorney at The Law Office of David E. Gordon & Elissa M. Coombs to learn more about punitive damages in a Southaven car accident.
What Are Punitive Damages?
Punitive damages are a type of compensation awarded by a civil court in cases involving particularly reckless behavior. Their purpose is not to compensate the injured person, but rather to punish the responsible party and deter them from similar actions in the future.
Punitive damages are relatively rare in everyday car crash cases. This is because most collisions are the result of carelessness, which only qualifies the injured person to receive compensatory damages. To receive punitive damages, a claim must provide clear evidence of malicious or extreme conduct.
Common Examples
Common examples of actions that could lead to an injured person receiving punitive damages following a car crash in Southaven include:
- Driving while under the influence of drugs or alcohol, particularly if the individual has prior offenses or a high blood alcohol content
- Extreme speeding and driving in a reckless manner
- Road rage and other intentional actions that lead to a deliberate crash
- Knowingly operating a hazardous vehicle, such as one with faulty brakes
- Texting and driving, if the individual has prior offenses
- Exceeding hours-of-service limits in cases involving commercial truck drivers
During a free consultation, David and Elissa review a case to determine how the negligent driver’s actions led to the collision.
What is the Deadline for Filing a Claim?
Punitive damages only result from legal action taken within the civil court system for vehicle collisions in Southaven. Therefore, knowing the deadline for filing the claim is crucial. Under state law, the injured party must take legal action within one year of the date of the accident. Failure to meet this deadline may mean losing eligibility to obtain a settlement through the civil court. This is one of the shortest statutes of limitations for vehicle collisions in the country, and taking prompt action is essential.
Exceptions
There are some circumstances where this deadline may not apply. For minors, the statute of limitations does not begin until the individual’s 18th birthday. If the injured person is mentally incapacitated, the deadline may extend until they have recovered. In both cases, a parent or guardian may commence legal action on behalf of the injured individual.
Further, if an individual’s injuries are not immediately apparent, the filing time begins from the day they reasonably discovered the injury.
Call a Knowledgeable Southaven Attorney for Information About Punitive Damages Following a Vehicle Collision
While punitive damages are relatively rare, a civil court judge may decide a case warrants an award in certain circumstances. If the defendant’s actions were malicious or reckless, the court may choose to punish them by awarding you additional compensation.
If you sustained injuries because of someone else’s recklessness and want to know more about punitive damages in a Southaven car accident, contact The Law Office of David E. Gordon & Elissa M. Coombs today to learn more and schedule your free consultation.
