What is punitive damages and when can I receive it in a motorcycle accident claim?

Punitive damages are different than regular damages awarded to you in a motorcycle accident claim. Punitive damages are not related to your medical bills or other economic losses, but are designed to punish the negligent party for their wrongdoing. In North Carolina, punitive damages may be awarded if a judge or jury determines that a defendant’s conduct was “willful or wanton” or if the defendant displayed “gross negligence.” This means that the defendant had a conscious disregard for the safety of the plaintiff, and exhibited a high degree of carelessness or disregard for their welfare. Punitive damages are designed to punish the wrongdoer and to deter them from engaging in the same kind of conduct in the future. To receive punitive damages in a motorcycle accident claim, you must not only show that the defendant was negligent or reckless, but also that the defendant’s conduct was particularly careless or egregious. Punitive damages can vary widely, but generally increase with the severity of the defendant’s conduct. In North Carolina, punitive damages are limited to three times the amount of compensatory damages, as well as a cap on the total amount of punitive damages. Additionally, punitive damages can be denied in some cases if the defendant can successfully argue that his or her conduct did not rise to the level of “willful or wanton” behavior or “gross negligence.”

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