In a Denver personal injury case, your primary goal is often to receive compensation for medical costs, lost wages, pain, and suffering. However, you may be eligible for punitive damages along with compensatory damages in certain situations in Denver. Punitive damages seek to punish the perpetrator and deter others from being so in the future.
Punitive damages are very hard to obtain. You need to show that the defendant’s conduct was not just negligent but grossly reckless or even willful. A Denver personal injury attorney can help you collect evidence you may need and develop a good case to seek punitive damages for your personal injury claim.
What You Must Prove
1. Gross Negligence or Recklessness
You need to prove the defendant was reckless or grossly negligent to get punitive damages. It takes actions that demonstrate a flagrant disregard for the safety or well-being of others.
A driver who crosses a red light at an intersection without regard to pedestrians or other cars can be said to be reckless. It is not a mistake; it is a deed that signifies a willingness to harm others.
2. Intentional Harm or Malice
Punitive damages may be awarded if the actions of the defendant were malicious or intentional. That is, the defendant acted knowing that he or she was harming you or other people, or with complete disregard for your rights.
If a person does something with the intent to harm, e.g., mugging you or purposely causing an accident, then such conduct can amount to punitive damages. In such instances, the intent of the defendant is overtly malicious.
3. Fraud or Deception
If the defendant engaged in fraudulent behavior or intentionally deceived you to cause harm, you may be entitled to punitive damages. Fraud involves intentional misrepresentation or concealment of important facts to gain an unfair advantage or harm another person.
If a company knowingly sells a defective product and hides its dangerous nature to avoid liability, that could be grounds for punitive damages. The deliberate deception adds a layer of malicious intent.
4. Clear and Convincing Evidence
Unlike standard personal injury claims, where you only need to prove the defendant’s fault by a preponderance of the evidence, punitive damages require a higher standard of proof: clear and convincing evidence. This means you need to provide compelling evidence that the defendant acted with extreme recklessness or intent.
To prove clear and convincing evidence, you might present medical records, expert testimonies, or video footage that shows how the defendant’s actions were not just negligent but extreme.
5. Past History of Similar Behavior
A defendant’s prior conduct may be relevant when determining whether punitive damages are appropriate. If the defendant has a history of similar reckless or harmful behavior, it strengthens the case for punitive damages.
A trucking company with a history of violating safety regulations and causing accidents may be more likely to face punitive damages if their negligence results in another crash. The company’s prior actions show a pattern of reckless behavior.
Winning punitive damages in a personal injury case is challenging, but it’s possible if the defendant’s behavior goes beyond simple negligence. To succeed, you’ll need to meet the higher standard of proof—clear and convincing evidence—and show that the defendant has a history of similar behavior.
