Can I recover punitive damages in a personal injury claim?

Yes, you can recover punitive damages in a personal injury claim in Colorado. Punitive damages are intended to punish a perpetrator for conduct beyond the scope of general negligence. Generally, punitive damages are only available in cases where the person who caused the injury acted with reckless disregard for the safety of others or intentionally caused injury. In Colorado, punitive damages are limited to three times the amount of compensatory damages or $300,000, whichever is greater. Punitive damages are also limited to no more than 10% of the at-fault party’s net worth, which is defined as the value of all assets minus all liabilities. Punitive damages are not generally awarded in negligence cases because of the higher standard of proof for those types of cases. Negligent actions require proof of reckless or intentional conduct, but may be found when the defendant’s actions evidenced a disregard for safety or a conscious indifference to the consequences of their actions. In order to recover punitive damages, your Colorado accident lawyer will need to prove that the defendant acted with malice, fraud, oppression or willful and wanton conduct. Punitive damages are not available for simple negligence cases, where the defendant was negligent but did not intend to cause injury.

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