Are punitive damages available in a school bus accident case?
Punitive damages are typically available in a school bus accident case in New Jersey. Punitive damages are generally awarded when a defendant’s conduct is considered so dangerous or outrageous that special punishment must be inflicted to deter similar behavior in the future. In other words, punitive damages are generally meant to punish the defendant, rather than to compensate the plaintiff. It is important to note, however, that punitive damages are only available in certain circumstances. To be eligible for punitive damages, the plaintiff must prove that at the time of the accident, the defendant was either acting with intent to harm or reckless disregard for the safety of others. In New Jersey, the courts have ruled that punitive damages can be recovered in school bus accident cases, but only if the plaintiff can prove that the defendant’s conduct was especially egregious and reckless. This means that if the defendant was simply careless or negligent, punitive damages would not be available. In order for punitive damages to be awarded, the plaintiff must be able to prove that the defendant’s behavior was outrageous or reckless in comparison to what would be expected in a normal situation. It is important to note that punitive damages can only be sought in a civil lawsuit, and are not available in criminal proceedings. Therefore, it is important to speak with an experienced attorney if you have been the victim of a school bus accident in order to determine your eligibility for punitive damages.
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