Practice Areas
Blog 
Car & Truck Accidents
News
- Posted on 9/6/2010Two South Carolina Motorcycle Accidents with Very Different Outcomes...
- Posted on 8/26/2010N. Charleston DUI Motorcycle Crash Leaves Serious Injuries...
- Posted on 7/15/2010Man Facing Charges For Shoplifting and a Hit-and-Run in Cayce...
- Posted on 6/21/2010South Carolina Teen Tragically Dies in Motorcycle Accident...
- Posted on 6/15/2010Infant Killed in Tragic DUI Accident...
Library
Car & Truck Accidents
Read The South Carolina Personal Injury And Car Accident Blog To Stay Up To Date On The Latest Accident Information
Car & Truck Accidents
Not Every Accident Warrants Punitive Damages
I had a client ask me earlier in the week if he was entitled to punitive damages for his auto accident case. The client was involved in a rear end collision that knocked his vehicle off of the road and in to a ditch. He suffered a fairly serious injury, and his settlement was substantial.However, not all accidents that cause injuries will provide for punitive damages. Punitive damages are awarded as a punishment or "shame on you" to defendant's whose negligence in causing an accident has risen to a higher level that the ordinary negligence or mistake that causes an accident. Their purpose is to deter the public from engaging in the particular negligence that caused the accident. For example, causing a wreck while texting and driving, or while under the influence of drugs or while drunk, would warrant the award of punitive damages. There are many other factors that may be considered in whether or not punitive damages are awarded. The primary factor is the extent of the negligence of the driver that hit you. The law recognizes that people make mistakes and sometimes the mistakes cause injuries. But, when the mistake is caused by an extreme act of negligence, additional damages of punitives may be warranted.
In my client's case, the accident occurred on a rainy night and the negligent driver failed to stop his vehicle in time to avoid hitting my client. My client was entitled to special damages for his medical bills and lost wages, and he was also entitled to damages for his pain and suffering. But, I had to tell him, in his case, punitive damages were unlikely.
Read more on car accidents here.
Contact us for a Free Case Evaluation.
Learn more about what to do if you or a family member is involved in a car accident!
Visit our Car Accident information library
Order your Free copy of The South Carolina Accident Book
Get your Questions answered in our FAQ library
Contact Shelly Leeke Law Firm for a Complimentary Case Evaluation.
Or Call us at 843-277-6061.
Post a comment
Post a Comment to "Not Every Accident Warrants Punitive Damages"
To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."
Free Report
Buying Car Insurance In South Carolina
Guide to Settling Your South Carolina Property Damage Claim
Roadmap For A Personal Injury Case
The South Carolina Accident Book For Personal Injury Victims
Dangerous Drug: YAZ
Free Consultation
Contact us today for a free, no obligation consultation about your personal injury legal needs.
North Area Office
103 Laurel Avenue
Goose Creek, SC 29445
Phone: (843) 277-6061
Fax: (843) 297-8497
Toll Free: 1-888-690-0211
Get Directions
Charleston & Mt. Pleasant Office
222 W. Coleman Blvd.
Mt. Pleasant, SC 29464
(By Appointment)
Phone: (843) 277-6061
Fax: (843) 297-8497
Toll Free: 1-888-690-0211
Get Directions
Myrtle Beach Office
1293 Professional Drive
Myrtle Beach, SC 29577
(By Appointment)
Phone: 1-888-690-0211
Fax: 843-297-8497
Get Directions
Contact Info
Contact Info
North Area Office
103 Laurel Avenue
Goose Creek, SC 29445
Phone: (843) 277-6061
Fax: (843) 297-8497
Toll Free: 1-888-690-0211
Charleston & Mt. Pleasant Office
222 W. Coleman Blvd.
Mt. Pleasant, SC 29464
(By Appointment)
Phone: (843) 277-6061
Fax: (843) 297-8497
Toll Free: 1-888-690-0211
Myrtle Beach Office
1293 Professional Drive
Myrtle Beach, SC 29577
(By Appointment)
Phone: 1-888-690-0211
Fax: 843-297-8497
Call 24/7
for immediate response