Can I recover punitive damages in an automobile accident?
In Kansas, punitive damages are not usually available to those who have been injured in an automobile accident. Punitive damages are meant to punish the wrongdoer and deter similar behavior in the future. Punitive damages are usually sought in cases of egregious negligence, such as drunk driving. They may also be recovered in cases of intentional torts. However, there are certain circumstances in which punitive damages may be available. For example, if the defendant’s behavior was particularly reckless and the harm done to the plaintiff was particularly severe, the plaintiff may be able to obtain punitive damages. Additionally, punitive damages may be available if the defendant acted in a malicious or maliciously negligent manner. It is important to note that punitive damages are not usually awarded in car accident cases. This is because the burden of proof is usually difficult to meet in order to prove that the defendant was acting maliciously or intentionally. Furthermore, punitive damages are usually capped at two times the amount of compensatory damages. Therefore, it is best to discuss the specifics of your case with a qualified attorney before assuming that punitive damages are available.
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