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

Punitive damages are awarded in addition to regular damages in a civil lawsuit or motorcycle accident claim by a judge or jury when a defendant’s conduct was especially offensive or wicked. These damages are meant to punish the defendant and to serve as an example to other citizens to deter them from similar conduct in the future. Punitive damages are typically awarded after the court finds that the defendant acted intentionally, with malice or gross negligence, or with reckless disregard for a plaintiff’s safety. In Washington, punitive damages are available in motorcyle accident claims when the defendant’s conduct is found to be egregious and warrants additional punishment. Typically, punitive damages are only awarded when there is clear and convincing evidence that the defendant acted with intent to harm the plaintiff or with reckless disregard for the plaintiff’s safety. To receive punitive damages in a Washington motorcycle accident claim, the plaintiff must prove that the defendant was grossly negligent or acted with willful or wanton misconduct. The plaintiff must also demonstrate that the defendant knew or should have known his or her actions would likely harm the plaintiff but still chose to act in an offensive or wicked manner. In addition, the court will consider any prior instances of similar misconduct by the defendant when determining whether punitive damages are appropriate. Ultimately, punitive damages are meant to punish the defendant and to act as a warning to others not to act in the same way.

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

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