[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.kregerbrodish.com\/blog\/can-i-recover-punitive-damages-in-my-auto-accident-case\/#BlogPosting","mainEntityOfPage":"https:\/\/www.kregerbrodish.com\/blog\/can-i-recover-punitive-damages-in-my-auto-accident-case\/","headline":"Punitive Damages: What Are They and Can I Recover Them in My Case?","name":"Punitive Damages: What Are They and Can I Recover Them in My Case?","description":"At many of my initial consultations with personal injury clients, I am asked about Punitive Damages and whether Punitive Damages can be recovered in my client\u2019s motor\u00a0vehicle\u00a0accident case. In the majority of automobile accident cases, the damages recovered by the...","datePublished":"2013-03-27","dateModified":"2025-02-24","author":{"@type":"Person","@id":"https:\/\/www.kregerbrodish.com\/blog\/author\/ben\/#Person","name":"Ben Brodish","url":"https:\/\/www.kregerbrodish.com\/blog\/author\/ben\/","identifier":38,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f221a297abf6cbe2df0bc8a28b63c07d0af2345f318c21b1e8cc223e420692e1?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f221a297abf6cbe2df0bc8a28b63c07d0af2345f318c21b1e8cc223e420692e1?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Kreger Brodish LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.kregerbrodish.com\/wp-content\/uploads\/2021\/10\/Kreger-Brodish-LLP-Logo.png","url":"https:\/\/www.kregerbrodish.com\/wp-content\/uploads\/2021\/10\/Kreger-Brodish-LLP-Logo.png","width":417,"height":225}},"image":{"@type":"ImageObject","@id":"https:\/\/www.kregerbrodish.com\/wp-content\/uploads\/2021\/10\/Dollar-Sign1.jpeg","url":"https:\/\/www.kregerbrodish.com\/wp-content\/uploads\/2021\/10\/Dollar-Sign1.jpeg","height":1050,"width":1207},"url":"https:\/\/www.kregerbrodish.com\/blog\/can-i-recover-punitive-damages-in-my-auto-accident-case\/","about":["Personal Injury Law"],"wordCount":344,"keywords":["durham nc personal injury attorneys","personal injury lawyers greensboro nc","punitive damages"],"articleBody":"At many of my initial consultations with personal injury clients, I am asked about Punitive Damages and whether Punitive Damages can be recovered in my client\u2019s motor\u00a0vehicle\u00a0accident case.In the majority of automobile accident cases, the damages recovered by the Plaintiff are for the Plaintiff\u2019s property damage, medical bills, lost wages, and pain and suffering. A Plaintiff\u2019s damages for property damage, medical bills, and lost wages are known as Actual Damages or Special Damages. A Plaintiff\u2019s award or recovery for pain and suffering is known as General Damages. However, depending on the facts surrounding how the car accident occurred, a Plaintiff may also be able to recover Punitive Damages.Generally speaking,\u00a0Punitive Damages are damages that can be awarded in addition to Actual Damages when the Defendant acted with recklessness or malice in causing injury to the Plaintiff see\u00a0here\u00a0for North Carolina Statutes concerning Punitive Damages).\u00a0In the context of a motor vehicle accident case, a Plaintiff may recover Punitive Damages from the Defendant when the Defendant engaged in\u00a0Gross Negligence\u00a0when the car accident\u00a0occurred.In North Carolina, a common example of\u00a0Gross Negligence\u00a0in a car accident case is when the at-fault driver was intoxicated or Driving While Impaired at the time the car accident occurred. Additionally, you may be able to recover Punitive Damages if the driver who was negligent in causing the motor vehicle accident did so while driving at an excessive or extreme rate of speed and in an extremely reckless manner.Accordingly, if the at-fault driver was Grossly Negligent in causing an automobile accident, the Plaintiff or non-at-fault driver should demand to be compensated for Punitive Damages in addition to her\u00a0property damage, medical bills, lost wages, and pain and suffering in her personal injury case.If you have any questions about whether you are entitled to Punitive Damages in your car accident case, please feel free to call our Durham personal injury lawyer for a free consultation or phone call at (888) 820-5885 or complete our contact form on this page."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.kregerbrodish.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Punitive Damages: What Are They and Can I Recover Them in My Case?","item":"https:\/\/www.kregerbrodish.com\/blog\/can-i-recover-punitive-damages-in-my-auto-accident-case\/#breadcrumbitem"}]}]