How do I know if I’m entitled to punitive damages in a car accident case?
In Nebraska, punitive damages may be awarded in a car accident case if the defendant’s conduct was found to be intentional or malicious. The court will consider if the defendant acted with a reckless disregard for the safety of others and caused harm as a result. If the court finds the defendant’s conduct to be particularly egregious, the court may award punitive damages to the plaintiff. In order to determine if you are entitled to punitive damages after a car accident, you should speak to an attorney. Your attorney will be able to review the evidence in your case and advise whether or not it is likely that the court would consider the defendant’s behavior to be malicious or intentional. If it appears that the defendant’s behavior was intentional and/or malicious, then your attorney will be able to provide you with an estimate of the punitive damages that you may be entitled to receive. It is important to remember, however, that punitive damages are difficult to win in a car accident case and are only awarded in rare cases. Therefore, it is important to work with an experienced attorney who can review the facts of your case and advise you on whether or not you have a strong enough case to seek punitive damages.
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