Stamford Car Accident Punitive Damages

Posted by Richard P. Hastings | Jun 27, 2011 | 0 Comments

You are driving through Stamford, Connecticut when out of nowhere a drunk driver plows into your car seriously injuring you and your family.  You are justifiably outraged!  Where do you turn to for help and what do you do?

One of the many reasons why clients settle a case prior to the jury deliberated and rendering a verdict is due to the uncertainty of what a jury might decide. Before a jury determines what facts have been proven that the various parties and then applying the law to those facts they must be first "charged" by the trial court judge. Jury charges instruct the jurors on how to apply the law of the State of Connecticut to the facts they have found to exist. One of the charges a judge might give would address the issue of Damages and be:

3.4-4 Damages (Punitive)-Revised to January 1, 2008: In addition to seeking compensatory damages, the plaintiff seeks an award of punitive damages.  Punitive damages are damages awarded not to compensate the plaintiff for any injury or losses but to punish the defendant for outrageous conduct and to deter (him/her) and others like (him/her) from similar conduct in the future.  Punitive damages may be awarded for conduct that is outrageous, because of the defendant's reckless indifference to the rights of others or an intentional and wanton violation of those rights. You may award punitive damages only if you unanimously find, from facts established by a preponderance of the evidence, that the conduct of the defendant was, in fact, outrageous. The law does not require you to award punitive damages.  It is, instead, a matter for your sound discretion.  An award of punitive damages must not reflect bias, prejudice or sympathy with respect to any party.  It must instead be fairly based on the evidence in the case. There is no exact standard for fixing the amount of punitive damages.  The amount awarded, if any, should be the amount you unanimously find necessary for achieving the objectives of punitive damages that I have described.  You should consider the degree of reprehensibility of the defendant's misconduct and the actual or potential harm suffered by the plaintiff.

You need to be aware that there are time limitations in which you have to file your Stamford, Connecticut car accident case. If you miss the time limit for filing your case, you will be prevented from ever collecting any money. Don't run the risk of jeopardizing your right to collect money damages. Call us at today at 888-244-5480 to schedule a free consultation. 

About the Author

Richard P. Hastings

Attorney Hastings concentrates his practice on personal injury and litigation. Devoted to helping those who have suffered some type of wrong, Richard P. Hastings concentrates his law practice on personal injury law.


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