Are punitive damages available in a school bus accident case?
In Alaska, punitive damages may be available in a school bus accident case. Punitive damages are awards that are specifically intended to punish someone for particularly egregious conduct. The purpose of punitive damages is to punish and deter defendants from engaging in similarly negligent conduct in the future. In order for punitive damages to be available in a school bus accident case in Alaska, the plaintiff must prove that the defendant’s actions showed a willful and wanton disregard for the safety of the plaintiff. This type of conduct would need to be more than simple negligence. It would need to be proven that the defendant consciously disregarded the safety of the plaintiff or was in reckless disregard of the plaintiff’s safety. If punitive damages are awarded in a school bus accident case, the award can be quite significant. Punitive damages are meant to punish the defendant, and as such, awards are usually several times the amount of the compensatory damages. Punitive damage awards can be up to four times the amount of the compensatory damages. However, any punitive damage award that is higher than the compensatory damages must be approved by the court.
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