Can I recover punitive damages in an automobile accident?

In Oklahoma, the laws regarding whether punitive damages can be recovered in an automobile accident are complicated. Generally, punitive damages are intended to punish wrongdoers for going beyond ordinary negligence and engaging in behavior that is reckless, malicious, or wanton. Therefore, to recover punitive damages in an automobile accident, the defendant must have been found to have acted in a way that was grossly negligent. The defendant must have committed a tort that is not just negligent, but which was done with a conscious disregard of the safety and rights of others. This means that the defendant must have known that their actions were likely to cause harm or damage, and acted anyway. Only then would the court consider punitive damages. In Oklahoma, punitive damages are also limited by statute. The amount is capped at $350,000 or three times the amount of the compensatory damages awarded, whichever is greater. The court must also consider the financial resources of the defendant to determine the amount that should be awarded. If you are involved in an automobile accident in Oklahoma, it is important to seek legal guidance to ensure that your rights are protected. An experienced accident attorney can advise you regarding the potential for recovering punitive damages as part of a settlement or award.

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