Can I recover punitive damages in an automobile accident?

Yes, punitive damages can be recovered in an automobile accident in Delaware. Punitive damages are an additional amount of money awarded to a victim of a tort, such as an automobile accident, to punish wrongdoers and to deter future wrongful behavior. In Delaware, a person can be awarded punitive damages if the driver or other person who caused the accident acted in a grossly reckless manner, thereby causing the victim to suffer more serious harm than they should have. Examples of this type of behavior include driving while intoxicated, speeding, or other reckless behavior. One of the primary criteria for a person to recover punitive damages in Delaware is that the behavior must have been extreme and outrageous. This means that the person’s behavior must have been far beyond what the average person would consider to be acceptable driving. In addition, the person must have known that this behavior was likely to cause another person harm, and continued it anyway. In Delaware, punitive damages are generally awarded in civil court proceedings in cases where the conduct was especially egregious. That means that the punitive damages awarded in an automobile accident case are usually based on the severity of the defendant’s conduct. For example, if the defendant was speeding and driving erratically, they could be liable for more punitive damages than if they had simply failed to check their mirrors before changing lanes.

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