Most car accidents are the result of careless mistakes. Some, however, are caused by driver negligence or even recklessness. When someone’s conduct is especially egregious, such as speeding through a city center, texting on the highway, or driving drunk, there may be a claim for punitive damages.
Punitive damages in a Columbia, MO car accident allow the law to punish reckless conduct and deter others from acting similarly in the future. These claims require a strong foundation of evidence to clearly establish behavior that went beyond the norm. AW Smith Law’s seasoned car accident attorneys have the experience needed to push back against insurance companies and pursue the compensation you and your loved ones deserve. Learn more about what it takes to build a case for punitive damages by contacting our team today.
In Missouri, punitive damages are not automatic but reserved for conduct that extends beyond typical negligence. Missouri Revised Statutes § 510.261 governs punitive damages, stating they are only allowed when there is a clear and convincing standard of evidence. This means the person at fault for the crash must have shown deliberate and flagrant disregard for the safety of others or intentionally caused harm without cause. The burden of proof is more demanding for such claims, as a judge and jury will want to see clear and convincing evidence that shows the accident was more than an unintentional mistake.
Some circumstances that might call for punitive damages in a Columbia car wreck claim include:
Missouri procedure usually requires the court’s permission to add punitive damages to a claim. A plaintiff cannot typically start the claim requesting these additional damages. With this in mind, your experienced car accident attorney could collect the evidence required to ask the court to allow punitive damages as soon as possible.
Punitive damages exist primarily for punishment and deterrence, rather than to replace compensatory damages meant to cover your medical bills, lost income, and ongoing recovery needs. For punitive damages to be awarded in a car accident case, you and your Columbia attorney must present solid evidence that the responsible individual’s actions exceeded ordinary negligence and resulted in bodily harm to you or your loved ones.
Adjusters and the defense will try to argue that there is no proof of flagrant misconduct or deliberate danger. Your knowledgeable attorney will be ready for these arguments and prepared to show how the at-fault party’s conduct crossed a line from mistake to recklessness.
If the driver who hit you chose danger over safety, the law may allow you to ask for more than the standard compensation amount. Before you file a claim, speak with an experienced car accident push lawyer from AW Smith Law. Our team could evaluate the facts to determine whether you have a case for pursuing punitive damages in a Columbia, MO car accident case. Schedule a free consultation with our attorneys today.
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