Can I recover punitive damages in an automobile accident?
In Arizona, punitive damages may be recoverable in an automobile accident, depending on the circumstances. Punitive damages are intended to punish a the defendant and act as a deterrent for similar future acts. In order to be awarded punitive damages, an individual must have suffered physical or financial harm as a result of the accident. In addition, it must be shown that the other driver acted with malice, gross negligence, or a conscious disregard for the safety and rights of others. If all of these criteria are met, punitive damages may be an option. In Arizona, punitive damages are limited to two times the damages or three hundred thousand dollars, whichever is greater. There is also a 10% cap on the attorney’s fees that can be charged for punitive damages. It is important to note that punitive damages are not always easy to recover. To have a successful claim, you must prove that the other driver was acting with malice, gross negligence, or conscious disregard for the safety of others. If you are uncertain about the potential to recover such damages, it is best to speak to an experienced attorney who can assess your claim and provide guidance.
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