Punitive Damages in a Bothell Car Accident

In addition to compensatory damages, injured individuals may, in rare circumstances, be able to recover punitive damages in a Bothell car accident. These damages generally do not come into play, but they could if a defendant exhibited egregious behavior to cause an accident. A dedicated car accident attorney could help you understand how punitive damages work and whether they might factor into your case.

What Are Punitive Damages?

In a car accident injury lawsuit, two primary types of damages could apply, including compensatory damages and punitive damages.

How Compensatory Damages Work

Compensatory damages aim to compensate injured individuals for their injuries and related damages resulting from another person’s negligence. These damages fall into two main categories: economic and non-economic.

Economic damages pertain to the financial losses that injured individuals sustain due to injuries and property damage, including medical expenses, lost wages, rehabilitation costs, and vehicle repairs.

Meanwhile, non-economic damages apply to personal losses, including pain and suffering in performing daily activities, disfigurement, and loss of enjoyment of life.

The Role of Punitive Damages

While compensatory damages aim to help injured individuals recover from their injuries and other damages after an accident, punitive damages serve to deter future instances of the defendant’s behavior by functioning as a punishment.

A judge or jury must award these damages, which only apply in personal injury lawsuits in a trial setting.

In Bothell and throughout the state, punitive damages rarely apply in car accident cases. The state prohibits these damages because they aim to punish rather than compensate, and they are generally viewed as contrary to public policy.

When Plaintiffs May Receive Punitive Damages in a Car Accident Case

While Washington does not permit the involvement of punitive damages in a Bothell car accident in most cases, there could be exceptions to this restriction.

For example, a car accident might result from the liability of a multi-state entity, in which case the other states’ laws might apply and permit the awarding of punitive damages.

However, courts will only award these damages if a defendant exhibited gross negligence or malicious intent to cause harm. Again, the main goal here is to deter these defendants and others from engaging in the same or similar behavior.

How an Attorney Could Help Calculate Damages

Although only a few rare exceptions allow punitive damages in a Bothell car crash case, injured individuals may file a claim for all related compensatory damages.

An attorney could help with this process by meeting with a prospective client in a free consultation and evaluating their case. If the attorney decides to proceed with a claim or lawsuit, they could help with:

• Identifying liable parties
• Quantifying all economic and non-economic damages related to the case
• Collecting and organizing all available evidence to strengthen the case
• Filing an insurance claim or, if it’s worth pursuing the case in court, a lawsuit

Having an attorney behind the case could significantly increase the chances of success.

Determine Whether Punitive Damages Apply in Your  Bothell Car Accident Case

Although injured individuals typically cannot recover punitive damages in a Bothell car accident case, rare exceptions may apply. An experienced lawyer could help determine what options are available when pursuing compensation.

Get in touch with an attorney today and schedule a free consultation to discuss your next steps during a free consultation.