Are punitive damages available in a pedestrian accident case?

In North Carolina, punitive damages may be available in some cases involving pedestrian accidents. Punitive damages are designed to punish a wrongdoer for misconduct deemed to be especially egregious, and can be awarded in addition to compensatory damages for medical bills, pain and suffering, and lost wages. In North Carolina, there must be clear and convincing evidence of malice or oppression to award punitive damages in a pedestrian accident case. Malice could be demonstrated by proving intentional misconduct, gross negligence, or fraud. Even if punitive damages are deemed appropriate, North Carolina law limits the amount to three times the amount of compensatory damages or $250,000, whichever is greater. In cases of gross negligence or recklessness, a pedestrian who suffered injury as a result can potentially recover punitive damages. Depending on the circumstances, these damages may be an appropriate way to punish a wrongdoer for injuring another person. It is important for anyone who has been injured in a pedestrian accident to speak to a qualified legal professional who can evaluate their case and advise them on whether punitive damages may be a viable option. An experienced lawyer can work to build an effective case and fight for the compensation you deserve.

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