How do I know if I’m entitled to punitive damages in a car accident case?
If you have been the victim of a car accident in Maryland and you believe the other driver was grossly negligent in causing the accident, you might be entitled to punitive damages. Punitive damages are intended to punish the wrongdoer for his negligence and to deter similar conduct in the future. In order to prove that you are entitled to punitive damages, you must prove that the driver’s conduct was either malicious or so grossly negligent that it can be considered egregious. For example, if the driver was driving recklessly and ignoring traffic laws, or if they were driving under the influence of alcohol or drugs, they would be considered to have engaging in extreme negligence. In addition to proving extreme negligence, you must also be able to show that the driver’s conduct caused you to suffer serious physical, financial, or emotional harm. This could include medical bills, costs of repairing or replacing damaged property, or mental anguish associated with the accident. In deciding whether or not you are entitled to punitive damages, the court will consider the totality of the circumstances and the degree of the driver’s negligence. If your case meets all of the criteria, you may be able to seek punitive damages in addition to other compensation. Therefore, it is important to speak to your attorney to determine if you are entitled to punitive damages in your case and the best way to pursue them.
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