Punitive Damages After a Car Accident in Katy

The goal of a personal injury claim is to collect damages that make up for your losses. While the recoverable damages after a car accident are usually made of economic and non-economic losses, there are some cases where the defendant acted criminally or extremely recklessly, and further payments may be ordered. Talk to our skilled motor vehicle crash lawyers and learn if you might be eligible for punitive damages after a car accident in Katy.

Punitive Damages After a Car Wreck

A typical example in Katy where punitive damages is appropriate in a car accident case would be when the defendant was intoxicated with drugs or alcohol. Punitive damages could be relevant in dram shop liability cases where a bar or other establishment overserved someone who was clearly intoxicated. If this is something the server has done before, that opens them up to punitive damages.

If a defendant tire company knew that they were selling bad tires, but they made a decision to sell those tires anyway, because they would rather pay off a few lawsuits rather than take a huge loss on pulling all the tires off the road, that would be another situation that might involves punitive damages. Putting profits over safety is highly dangerous and should never happen.

Are Damages Calculated Similarly to Other Damages?

The awarding of punitive damages will be based on a series of factors set out in the Texas legal codes. It must include proof that the defendant acted with conscious disregard to the safety of others. Other relevant factors include the defendant’s net worth, whether they have engaged in this kind of conduct before, and the nature of the conduct itself.

How Often Do Juries Award Punitive Damages?

It is not particularly common to get an award of punitive damages for a vehicle collision in Katy. The Texas Supreme Court is extremely conservative, and they will often take away a punitive damages award. A savvy lawyer might try and get the evidence of punitive damages into the case, but not actually seek an award of punitive damages that could get taken away easily.

How Attorneys Handle Punitive Damages

If someone has a case that truly involves egregious negligence that rises to the level of punitive damages, their lawyer should be willing to handle it extremely aggressively. Those are the kinds of cases that demand top dollar and should not be settled quickly. A good lawyer will recommend them to hold out until the insurance company decides to pay full compensation on the case, because if they have a strong case for punitive damages, they are in the driver’s seat, and the insurance company will want to settle it. They will keep increasing their offer to a certain point rather than take the case to trial, where the financial payout could be much larger.

Learn More About Car Accident Punitive Damages by Contacting a Katy Attorney

Punitive damages are rare, but they are important for not only helping you recover, but for acting as a punishment or a deterrent for bad behavior. Our law firm advises you on all possible outcomes of filing a lawsuit. Schedule a free consultation and discuss whether you could get punitive damages after a car accident in Katy.