Punitive Damages for an Arizona Motorcycle Accident
Under certain circumstances, if you are injured in an Arizona accident case and have suffered an injury, you can recover for more than just your medical expenses and pain and suffering. You can also recover for what is called punitive damages.
In the typical accident case, what you recover for pain and suffering is usually a multiple of the actual medical expenses. For example, if you suffered soft tissue injuries, the typical multiple is something like 3 to 1, while in more severe injury cases, the multiple would be much higher. The most important point here is that the recovery is anchored to medical expenses. The greater the medical expenses, the higher the recovery. In a case, however, where the defendant's behavior was especially outrageous, in particular criminal, you could recover for what is called punitive damages. To establish a claim for punitive damages, there must be clear and convincing evidence that the defendant had an "evil mind guiding an evil hand". There must be direct evidence of intent to cause harm, or sufficient and substantial evidence to infer the intent to cause harm. Essentially, if you recover for punitive damages, the recovery is not for pain and suffering but to punish and deter the defendant's conduct. That means recovery for punitive damages is not inherently connected to medical expenses and not limited as a strict multiple of medical expenses.
There are a number of different scenarios in which you can recover punitive damages. Probably the most common circumstance is when you are hurt in a car accident or motorcycle accident and the defendant drive was driving under the influence or a DUI. You could also get punitive damages where a trucker fails to maintain the truck's brakes White v Mitchell.
One of the problems associated with recovery for punitive damages is that the insurance policy of the defendant can exclude coverage for punitive damages. In Price vs. Hartford Accident and Indemnity Co., the supreme court held that if insurance companies wanted to exclude punitive damage coverage, the should include a specific provision excluding coverage.
Contact a Phoenix, Arizona, Motorcycle Lawyer Today
If you are seeking legal representation or would like more information about our services, contact the law offices of Vladimir Gagic today to set up your free consultation. You can reach us at 602-955-1985, toll free at 855-843-6274 (855-THE MARINE)
